1° Where the risk is situated within the meaning of article L. 310-4 in the territory of the French Republic and the policyholder has his principal residence or place of management there, the applicable law is French law, to the exclusion of any other.
2° Where the risk is situated within the meaning of article L. 310-4 in the territory of the French Republic and the policyholder does not have his principal residence or place of management there, the parties to the insurance contract may choose to apply either French law or the law of the country where the policyholder has his principal residence or place of management.
Similarly, where the policyholder’s principal residence or place of management is in the French Republic and the risk is not situated there within the meaning of article L. 310-4, the parties to the insurance contract may choose to apply either French law or the law of the country where the risk is situated.
3° Where the policyholder carries on a commercial, industrial or liberal profession activity and the contract covers two or more risks relating to these activities situated in the territory of the French Republic and in one or more other Member States of the European Economic Area, the parties to the contract may choose to apply the law of one of the States where these risks are situated or the law of the country where the policyholder has his principal residence or place of management.
4° Where cover for risks situated in the State or States mentioned in 1°, 2° and 3° above is limited to claims which may occur in another Member State of the European Economic Area, the parties to the insurance contract may choose the law of the State where the claim occurs.
5° For major risks as defined in article L. 111-6, the parties are free to choose the law applicable to the contract.
However, the choice by the parties of a law other than French law may not, where all the elements of the contract are located on the territory of the French Republic at the time of this choice, prevent the application of the legislative and regulatory provisions which cannot be derogated from by contract in application of article L. 111-2.