73 Union of Turkish Bar Associations Review 2023 Erdem DOĞAN programming and use of the machine. This issue is covered in Section 14 of the Electronic Transactions Act, titled “Automated transactions”. According to the regulation, “A contract is formed by the interaction of the parties’ electronic representatives, even if the parties are not aware of or have not reviewed the actions of their electronic representatives or the resulting terms and agreements.”76 In the Electronic Transactions Law, it is stipulated that when electronic representatives interact to make a contract without any human knowledge or participation, no objection can be raised regarding the lack or absence of will by real persons regarding this contract, and the provisions and consequences of the contract will belong to the real person behind the artificial intelligence.77 Thus, it is aimed to use electronic contracts more widely and reduce transaction costs in today’s information age. In addition, allowing contracts to be made through interaction between electronic representatives constitutes an important step towards transferring electronic personality to the real world.78 76 http://euro.ecom.cmu.edu/program/law/08-732/Transactions/ueta.pdf. 77 In German Law, it is accepted that if the electronic representative concludes a contract with his own suggestion or acceptance, the terms and consequences of the contract will belong to the real person behind the artificial intelligence, even if the conclusion of the contract is decided autonomously by the artificial intelligence by evaluating different options. However, in this case, the basis of legal liability varies depending on whether the artificial intelligence decides and carries out the debt-generating transaction autonomously, as a result of its own will, or whether it acts within the framework of the will of the real person represented. In this context, the basis of the legal liability arising from the operations of an autonomous artificial intelligence, which has the ability to learn and improve itself as a result of its own experiences, and the operations of a system that does not have the ability to make autonomous decisions, will be different. Accordingly, in the debt relationship arising as a result of the actions of autonomously decision-making artificial intelligence, there will be a liability or representation relationship for the acts of assistant persons within the scope of contractual liability. However, since the transactions made through non-autonomous artificial intelligence, which is considered as property subject to ownership, are essentially carried out by the real person behind the artificial intelligence, the legal liability as a party to the debt relationship will belong to the real person within the framework of general provisions. Solum, p. 1284; Teubner, p. 10. 78 http://euro.ecom.cmu.edu/program/law/08-732/Transactions/ueta.pdf. SET.23.8.2020. Also, for legal issues that may arise in this regard, see, Teubner, p. 10. Bayamlıoğlu, p. 132.
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