Governing Law of Insurance Contracts in Iranian and American Law
Subject Areas : Civil Law
Valiollah Fallah
1
,
yasaman yaghobi
2
1 - Master of Private Law, Law Department, Faculty of Humanities, Bandar Anzali Branch, Islamic Azad University, Bandar Anzali, Iran.
2 - Associate Professor of Educational Management, Department of Nursing, Shahid Beheshti School of Nursing and Midwifery, Guilan University of Medical Sciences, Rasht, Iran.
Keywords: Governing Law, Principle of the Rule of Will, Insurance Contract, Iran and America ,
Abstract :
Insurance contracts and the obligations arising from them, in most legal systems, are subject to the law agreed upon by the contracting parties.This law is called the law of the intention of the parties. Today, the principle of the sovereignty of the will is considered and discussed in a social, not individualistic, sense. In fact, the aforementioned principle, which initially had a philosophical face and was related to the dignity of man and his natural rights, is now respected as a useful social tool and is limited wherever it conflicts with a higher interest. It is on this basis that it is well stated in the statement of the provisions of this principle: "Persons are free to enter into agreements with each other in any reasonable manner they wish and to determine their effects, unless the terms of their agreement are unlawful because they are contrary to law or public order or morality." Article 10 of the Civil Code also expresses the same content with a slight difference as follows: "Private contracts are enforceable against those who have concluded them, unless they are expressly contrary to the law." In addition, according to Iranian and American civil laws, insurance is a contract under which one party (the insurer) undertakes to compensate the other party (the insured) for the damage caused to him or to pay a certain amount in exchange for the payment of a sum or sums by the other party (the insured). The obligor is called the insurer, the party to the obligation is called the insurer, the amount that the insured pays to the insurer is called the premium, and what is insured is called the subject of insurance. Therefore, insurance contracts in Iranian and American laws have rules such as the principle of sovereignty of will, the principle governing contractual obligations, etc., which are considered as the rules governing insurance contracts. This research aims to take an effective and useful step in resolving challenges and differences of opinion by carefully examining the rules governing insurance contracts in Iran and the United States.
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