74 The Search for A New Legal Personality in The Digital Age: Artificial Intelligence In Turkish Law, there is no regulation that allows any electronic or non-biological entity to perform legal transactions on behalf of a real or legal person and for the provisions and results to arise in the legal field of these persons. Additionally, there is no separate type of contract that can be described as an “electronic contract”. Although it seems that the concept of “electronic contract” 79is included in the doctrine as a separate contract type, in reality these contracts do not constitute a separate and unique contract category. Because the Turkish Code of Obligations (TBK) is shown as the basis for electronic contracts. Article 4/2 contains a provision stating that only communication devices such as telephones and computers can be used during the establishment of the contract, and that a suggestion made instantly and uninterruptedly online during direct communication with such devices will be deemed to have been made among the present. Therefore, the phrase “electronic” in the context of electronic contracts does not have a distinctive feature regarding the content, elements or parties of the contract. This phrase only indicates that electronic means were used in the establishment of the contract. For this reason, it is not deemed appropriate to consider contracts in which these tools are used as a separate and unique contract category under the name of electronic contracts.80 In Turkish positive law, within the framework of the rules regulating debt relations, there are no provisions regarding nonbiological intelligent beings as a subject of law. However, it is necessary to make some pioneering legal regulations in the face of radical and comprehensive changes that will be initiated in many fields, including law, by digital transformation and new generation artificial intelligence systems, which are inevitable in the near future. Thus, the transformation in question will be adopted more quickly by the society. Because it seems difficult to resolve disputes arising from contracts made through artificial intelligence and smart 79 For detailed information about the concept and types of electronic contracts, see Çiğdem Kırca, İnternette Sözleşme Kurulması, Banka ve Ticaret Hukuku Dergisi, 2000, Cilt XX, N. 4, p. 100. 80 Gamze Turan, Elektronik Sözleşmeler ve Elektronik Sözleşmelere Uygulanacak Hukukun Tespiti, TBB Dergisi, N. 77, 2008, p. 92; Muzaffer Şeker, 6098 sayılı Yeni Türk Borçlar Kanunu’na Göre İnternet Üzerinden Sözleşmelerin Kurulması, İstanbul Ticaret Üniversitesi Sosyal Bilimler Dergisi, Y.11, I. 22, 2012/2, p. 131.
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