An insurance contract may connect two or more legal systems by virtue of interefering with one or several foreign elements. These systems can involve Iranian or European Union Law. European Union Law indicates Special Directionthat contains criteria which determine the ApplicableLaw on Insurance Contracts. However, Iranian Private International Law has no specific Laws in this regard and consequently, making the general rules of the conflict of laws as the Applicable Law on Insurance Contract. The main rule in this field is Article 968 of the Civil Code. According to the connecting factors of the EU Insurance Directive, the non-life insurance follows the law of the home country of the policy-holder, or in case of the policy-holder being a legal entity, the law of the home country of that particular establishment of legal entity to which the contract relates is applicabale. Life insurance contract follows the law of the Member State of the habitual residence or nationality of the policy holder. The mentioned connecting factors make the law of the country to govern the contract which is most closely connected to the contract. In Iranian legal system, insurance contract of commercial and consumer characteristics shall be distinguished; freedom to choose the applicable law is granted to insurance contract of commercial characteristics. Contract of consumer characteristics must be amended in the regime of Article 968 of the Civil Code and the connecting factors to govern the insurance contract shall be predicted in the mentioned article to which the contract is most closely related. Finally, a logical and acceptable conflict rule in the field of the Applicable Law on Insurance Contract will be proposed to Iranian legislative body.
Hodgin, Ray, Insurance Law Texts and Materials, 2nd ed, London: Cavendish Publishing Limited, 2002.
Koppenol–Laforce, Marielle, International ContractsAspects of Jurisdiction, Arbitration and Private International Law, 1st ed, London: Sweet & Maxwell, 1996.
Kunda, Ivana and Melo Marinho Carlos, Manuel Gonçalves, Practical Handbook on European Private International Law, Portugal: European Union, Under the Civil Justice Programme, 2010.
Loussouarn, Yvon et Bourel, Pierre, Droit international privé, 7e éd, Paris: Dalloz, 2001.
Mayss, Abla, Principles of Conflict of Laws, 3rd ed, London, Sydney: Cavendish Publishing Limited, 1996.
McClean, David, The Conflict of Laws, 4th ed, London: Sweet & Maxwell, 1993.
Mélin, François, Droit international privéConflits de juridictions conflits de lois, Paris: Glivers d’Annales corrigées pour les étudiants en Deug de Droit, 2002.
Morris, J. H. C, Dicey and Morris on the Conflict of Laws, vol. 2, 10th ed, London: Stevens & Sons Limited, 1980.
Moses, Margaret L., The Principles and Practice of International Commercial Arbitration, New York: Cambridge University Press, 2008.
North, P.M. and Fawcett, J.J, Cheshire and NorthPrivate International Law, London: Butterworth & Co (Publishers) LTD, 1987.
Vogenauer, Stefan and Weatherili, Stephen, The Harmonisation of EuropeanContract Law:Implications for European Private Laws, Business and Legal Practice, vol. 1, the United States of America: Hart Publishing, 2006.
- Documents
Chuah, Joson and Earle, Richard, Statutes and Conventions onPrivateInternational Law, 2nd ed, Australia: Cavendish Publishing, 2004.
The Convention on the Law Applicable to Contractual ObligationsOpened for Signature in Rome on 19 June 1980 (80/934/EEC).
First Council Directive 73/239/EEC of 24 July 1973on the Coordination of Laws, Regulations and Administrative Provisions Relating to the Taking-up and Pursuit of the Business of Direct Insurance other than Life Assurance.
Second Council Directive 88/357/EEC of 22 June 1988on theCoordination of Laws, Regulations and Administrative Provisions Relating to Direct Insurance other than Life Assurance and Laying down Provisions to Facilitate the Effective Exercise of Freedom to Provide Services and Amending Directive 73/239/EEC.
Council Directive 92/49/EEC of 18 June 1992on the Coordinationof Laws, Regulations and Administrative Provisions Relating to Direct Insurance other than Life Assurance and Amending Directives 73/239/EEC and 88/357/EEC(Third Non-Life Insurance Directive).
The Council Directive of the EuropeanCoordination of Laws, Regulations and Aministrative ProvisionsRelating to Life Insurance and Laying down Provisions to Facilitate the Effective Exercise of the Freedom to Provide Services and Amending Directive 79/267.
Council Directive of 8 November 1990on the Coordination of Laws, Regulations and Administrative Provisions Relating to Direct Life Assurance, Laying down Provisions to Facilitate the Effective Exercise of the Freedom to Provide Services and Amending Directive 79/267/EEC(90/619/EEC).
Council Directive 92/96/EEC of 10 November 1992on the Coordination of Laws, Regulations and Aministrative Provisions Relating to Direct Life Assurance and Amanding Directives 79/267/EEC and 90/619/EEC(Third Life Assurance Directive).
Badini, H., & Shahi, A. (2016). A Comparative Assessment of the Applicable Law on Insurance Contract
(Iran and European Union Law). International Law Review, 32(53), 315-363. doi: 10.22066/cilamag.2015.18541
MLA
Hassan Badini; Ahad Shahi. "A Comparative Assessment of the Applicable Law on Insurance Contract
(Iran and European Union Law)". International Law Review, 32, 53, 2016, 315-363. doi: 10.22066/cilamag.2015.18541
HARVARD
Badini, H., Shahi, A. (2016). 'A Comparative Assessment of the Applicable Law on Insurance Contract
(Iran and European Union Law)', International Law Review, 32(53), pp. 315-363. doi: 10.22066/cilamag.2015.18541
VANCOUVER
Badini, H., Shahi, A. A Comparative Assessment of the Applicable Law on Insurance Contract
(Iran and European Union Law). International Law Review, 2016; 32(53): 315-363. doi: 10.22066/cilamag.2015.18541