Is algorithmic consent a transformative figure in the theory of legal transactions and contracts?

Abstract

Introduction: Contemporary technological development has brought about a radical transformation in all forms of contracting: named, unnamed, commercial, and mercantile contracts, especially in so-called mass contracting, that is, adhesion contracts and standard contract terms. Objective: To analyze the concept of algorithmic consent and study the effects of its application on the declaration of intent and the private autonomy of the contracting parties. Materials and methods: Legal doctrinal methods with empirical and comparative approaches were used. This allows for the study of how algorithms affect the declaration of intent and private autonomy, both in theory and in practice. Results: This article examines algorithmic consent in the contractual sphere, especially in smart contracts entered into by artificial agents through the integration of artificial intelligence and blockchain. This type of consent significantly reduces human intervention in the formation and execution of the contract, transforming the private autonomy of the parties and posing a profound change in the theory of legal transactions. The possibility of entering into contracts without the participation of natural persons introduces a new paradigm in the regulation of property and personal relationships. Conclusions: The analysis of algorithmic consent demonstrates that the declaration of will and the private autonomy of the parties are undergoing a process of structural transformation that transcends mere technological adaptation.