Skip to main navigation menu Skip to main content Skip to site footer
Submitted December 26, 2024
Published 2025-01-03

Artículos

Vol. 3 No. 1 (2025): CPA PANAMÁ

"THE VALIDITY OF CONSENT IN ELECTRONIC CONTRACTING : CAN A COMPUTER OFFER, CONSENT, AND CREATE OBLIGATIONS?"


DOI https://doi.org/10.48204/2953-3147.6630

Cover image

References
DOI: 10.48204/2953-3147.6630

Published: 2025-01-03

How to Cite

Mosquera T. , M. J. (2025). "THE VALIDITY OF CONSENT IN ELECTRONIC CONTRACTING : CAN A COMPUTER OFFER, CONSENT, AND CREATE OBLIGATIONS?". CPA PANAMÁ, 3(1), 104–115. https://doi.org/10.48204/2953-3147.6630

Abstract

In the current context, electronic contracting has emerged as a predominant way for establishing agreements and expressing consent. However, this phenomenon poses significant challenges for traditional legal business theory, especially with the use of automated systems and artificial intelligence (AI). This essay explores the question of whether a computer can bid, consent, and generate legal obligations. To address this question, two positions are presented: one in favor, which suggests that an adequate regulatory framework could allow automated systems to act as agents in contracting, and another against, which maintains that consent and the assumption of obligations are exclusive attributes of human beings with the capacity for free will and discernment. The concept of consent is analyzed from various perspectives, including its philosophical and legal basis, the ability to contextualize, assume responsibilities, and express the intention to commit. In addition, the implications in the maritime industry are discussed where e-procurement is already a widespread practice,  particularly  with  platforms  like  BIMCO's  SmartCon.  Finally,  the  essay

 

concludes that, although electronic contracting is an effective modality, it does not change the   essence of consent or traditional contracts. Whether automated systems can bid and consent will depend on future legal, ethical, and social adaptations.

Downloads

Download data is not yet available.

Most read articles by the same author(s)