The aim of this paper is to offer some insights about the relationship between the «robotic choice», the decisional output of a mathematical-algorithmic procedure, and the bargaining dynamic, especially for what concerns the last phases of conclusion and execution of the contract. As a supporting evidence, the paradigmatic example of the financial derivative contracts will be examined. The most important conceptual interpretation, from which some practical consequences follow, relates to the concomitant role played by the human will in the different phases of the negotiation that employs a robotic decision process. To conclude, the article presents some considerations about the nature of the most adequate and efficient regulatory techniques that are needed in order to frame and to handle satisfactorily the relationship between contract and the robotic decision making.

Robotic transactional Decisions / G. Gitti. - In: OSSERVATORIO DEL DIRITTO CIVILE E COMMERCIALE. - ISSN 2281-2628. - 2018:2(2018), pp. 619-630. [10.4478/91896]

Robotic transactional Decisions

G. Gitti
Primo
2018

Abstract

The aim of this paper is to offer some insights about the relationship between the «robotic choice», the decisional output of a mathematical-algorithmic procedure, and the bargaining dynamic, especially for what concerns the last phases of conclusion and execution of the contract. As a supporting evidence, the paradigmatic example of the financial derivative contracts will be examined. The most important conceptual interpretation, from which some practical consequences follow, relates to the concomitant role played by the human will in the different phases of the negotiation that employs a robotic decision process. To conclude, the article presents some considerations about the nature of the most adequate and efficient regulatory techniques that are needed in order to frame and to handle satisfactorily the relationship between contract and the robotic decision making.
Robotic or Automated Transactional Decision; Smart Contracts; Financial Derivative Contracts; Software Agent; It Infrastructure; Independent Supervisory Authorities
Settore IUS/01 - Diritto Privato
2018
Article (author)
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Utilizza questo identificativo per citare o creare un link a questo documento: https://hdl.handle.net/2434/778392
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