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This paper analyzes a crucial issue in contract law, that involves the need to preserve or protect the common intention or true will of the contracting parties by examining the scope of the judge's intellectual work when interpreting unclear or ambiguous clauses in a contract with drafting errors or confusing terms that make it difficult for the judge to decide the case, because a single word or expression can sometimes have multiple meanings.
In this regard, it will be necessary to apply the rules of contractual hermeneutics established by the Panamanian Civil Code, which constitute the only adequate way to unravel the true intention of the contracting parties when there are confusing words or phrases in a contract. However, in this communication, we do not intend to simply review such rules; we also reflect on the ethical and legal challenges that the judge faces when using artificial intelligence (AI), due to the temptation to use this tool to examine the entire contract, which suffers from errors in language. AI should be merely a technological aid, because the interpretation of contracts is a non-delegable task that must reflect human expertise, the academic training and experience of the judge, who reflects their prudent judicial discretion in the judgment and takes into account the facts of the case, the content of the contract, and the evidence presented in the process.
Este obra está bajo una licencia de Creative Commons Reconocimiento-NoComercial-CompartirIgual 4.0 Internacional.
