End the discord in the electronic insurance contract

Abstract

The electronic insurance contract is one of the global variables imposed by the revolution in technological progress, where it has become one of the pillars of the global economy. Most legal systems recognize the principle of freedom of parties to choose the law applicable to their contract by including in the contract a clause in which the parties specify the law applicable to the contract concluded between them, called the requirement of legislative jurisdiction, and the expression of will is explicit if the contractor discloses such will. If the parties to electronic insurance contracts through the electronic network do not expressly agree on the choice of the law governing their contract, the competent judge shall endeavour to determine the law applicable to the contract, given the intent of the contractors, here is the will of the judge, not the will of the contractors. Here, the judge appoints the law most closely related to the nodal link, either by assigning such an association to rigid controls, i.e. rigid attribution, or by assigning flexible controls derived from the subjective nature of the contract, it can be said that the determination of the law applicable to contracts concluded over the Internet is difficult to determine because it is difficult to determine all the legal aspects of an electronic contract, as well as the determination of the court competent to terminate such litigation, whether through litigation or through alternative means of litigation.