Comparative Study of the Law Governing Transportation Insurance Contracts in Private International Law of Iran and the European Union

Today, the importance of international trade agreements has increased with the development of industry and trade. These contracts are related to two or more countries due to the existence of a foreign element, because sometimes the parties to the contract have different citizenship or residence or the place of conclusion and execution of the contract is in two different countries. In some cases, the place of the contract is in one country, but other elements of the contract are in another country. The question here is which of the laws of these countries governs the contract in order to resolve various issues related to the contract. In such circumstances, and for the protection and expansion of international trade agreements, the principle of the rule of will in the choice of the law governing the contract has been accepted. Also, if the law is not determined by the parties, the law that has the most to do with the contract is accepted in most systems. The conclusion of this study is that in EU law, in addition to the inclusion of the provisions of the 1980 Rome Convention and the Rome Statute 2008 on the law applicable to contractual obligations, the Council of Europe has taken an effective step towards unifying the rules for resolving insurance conflicts and has established guidelines regarding the distinction between life insurance and non-life insurance, and has determined the law governing the insurance contracts according to the objectives and factors of effective communication in each of these cases.