Desafíos jurídicos del uso de contratos inteligentes basados en inteligencia artificial en el cumplimiento de obligaciones civiles en el Ecuador

Abstract

The accelerated development of digital technologies is transforming contractual relationships by introducing automated mechanisms such as smart contracts based on artificial intelligence. Within Ecuadorian civil law, this reality poses current challenges concerning the formation of consent, the autonomy of the parties’ will, and the automatic execution of obligations, with a direct impact on legal certainty. The research adopts a qualitative approach; therefore, it conducts a documentary review of legal doctrine, current regulations, and comparative experiences, and incorporates field-based contributions derived from the criteria of judicial operators. This methodology makes it possible to identify the gap between classical categories of contract law and emerging technological dynamics, as well as the technical and institutional limitations affecting their application. From the research line Public Policies, Law, and Society, the study analyzes the State’s regulatory and institutional response to the social effects of contractual automation. Likewise, it is identified as a scientific novelty that technological knowledge remains insufficient, and that one of the central challenges lies in establishing a legal framework capable of determining the validity, effects, and scope of these instruments. Added to this is the difficulty of assessing technical elements such as programming, algorithmic logic, and automatic execution. The results reveal the absence of specific regulation on smart contracts and the insufficient technological training of those who administer justice. Risks are identified regarding the authenticity of consent when automated systems intervene, as well as procedural difficulties in the evaluation and verification of digital evidence. Furthermore, the lack of judicial precedents reduces practical legal certainty and reinforces the need for clear guidelines. It is concluded that automation requires new regulatory guidelines that preserve legal certainty and the will of the parties, without which its full adoption in the country will remain limited