نوع مقاله : مقاله پژوهشی
1 دانشجوی دکتری حقوق خصوصی، دانشکده حقوق، دانشگاه قم، مدرس دانشگاه شهید چمران اهواز، اهواز، ایران (نویسنده مسئول)
2 دانشجوی دکتری حقوق خصوصی، دانشگاه پردیس کیش دانشگاه تهران، تهران، ایران
عنوان مقاله [English]
There are two factors that make the choice of the law governing the insurance contract important; First, the large number of international contracts, which of course is not specific to insurance contracts, but the ratio of insurance contracts to other contracts is definitely higher; The other is the special role of the insurance contract as a negotiable document in the development and dynamics of commercial legal relations. An insurance contract may be related to the territory of two or more countries, while the rules and conditions that must be implemented in time for such a contract are different in the law of the countries. In Iran, according to Articles 1 and 2 of the Commercial Code, and paragraphs 1 and 2 of Article 27 of the International Commercial Arbitration Law, in insurance having a commercial character, there is freedom to choose the law governing the contract, but the insurance contract has a consumer character, subject to Article 968 of the Civil Code. Is. In American law, and in the case of life insurance under Article 193 of the Uniform Commercial Code, the governing law is the law of choice unless another law has more to do with the relationship, and in commercial insurance the law of the parties will prevail provided there is a reasonable relationship (Article 1031).