The effect of ship deviation from the route in sea carriage on the validity of insurance contract: a comparative study Iranian and British law

The carrier in sea transportation obligates to proceed the voyage in contractual route which the violation may exempt the insurer to support the loss and damages to cargo after deviation from the route. Regarding to the importance of marine insurance contract validity in international commerce this question arises whether the ship deviation unvalidates the insurance contract and exonerates the insurer to compensate? In English marine insurance act 1906 the insurer is exempted to compensate for damages and the courts consider the claim regarding to the circumstances govern the case. The lack of marine insurance act in Iranian legislation requires to consider the matter on the general rules in insurance act 1937 that analyzes performance guarantee such as invalidity and right of termination on the contract. if the additional insurance premium is not agreed in the contract, the right to terminate the contractual relationship is an approach that protect the insurer in deviation cases. Nowadays, because the insurance companies do not fully compensate the damage, the part of that is compensated by the P&I clubs. In fact there is a kind of supplementary compensation cover after deviation. The mentioned question is analyzed with descriptive-analytical method and library sources in this article.