66143 - DIRITTO DELLE ASSICURAZIONI MARITTIME

Academic Year 2021/2022

Course contents

The course's aim is to analyse and deepen the system of the law of transport insurances and in particular marine insurances, having regard to the needs of shipping and transportation sectors.

The course will concern:

  1. The legal and institutional framework related to transport insurances and the specific issues there implied:
    1. The relevant sources of law;
    2. The main principles in transport insurances (risk, insurable interest, good faith, proximate cause, subrogation);
    3. Types of transport insurances;
    4. Their regime according to a comparative perspective;
  2. In-depth analysis of marine insurances and of insurances in the maritime sector:

    2.1 The relevant sources of law;

    2.2 The main principles in marine insurances;

    2.3 The parties (insurer, insurance agent, insurance broker, P&I Clubs, reinsurance company);

    2.4 The legal and contractual regime;

    2.5 The insurance contract: form and object of the contract, the insured risk, limits to the insurance cover, the accident, burdens, duties and rights of the insured and the insurer; insurance coverage limits;

  3. The main insurance coverages in the shipping sector, according to international, EU and domestic laws:

3.1 Personal property insurance:

3.1.1 hull insurance;

3.1.2 cargo insurance and loss of profit insurance;

3.1.3 freight insurance;

3.2 Shipowner’s and carrier’s liability insurances:

3.2.1. Death or injuries to persons:

3.2.1.1 seafarers’ death, injuries and long term disability;

3.2.1.2 passengers’ death or injury;

3.2.2. others.

The topics discussed in the course can be correctly understood having in mind the basic content of Maritime Law (e.g., shipowner, carrier, contract of carriage of goods or passengers by sea), therefore it is advisable to take this course only after having passed the Maritime Law course.

Readings/Bibliography

The exam must be prepared on the following textbooks and materials:

Lefebvre D’Ovidio, Pescatore, Tullio, Manuale di diritto della navigazione, XIV ed., Milan, 2016, 692-737;

S. Bagnariol, L’assicurazione della nave in A. Antonini, Trattato breve di diritto marittimo, III, Le obbligazioni e la responsabilità nella navigazione marittima, Milan, 2010, 71-88;

S. Vernizzi, Le assicurazioni P&I in A. Antonini, Trattato breve di diritto marittimo, III, Le obbligazioni e la responsabilità nella navigazione marittima, Milan, 2010, 89-102;

A. Cusmai, L’assicurazione delle merci in A. Antonini, Trattato breve di diritto marittimo, III, Le obbligazioni e la responsabilità nella navigazione marittima, Milan, 2010, 103-128.

Further useful books, articles and materials for preparing the exam or deepening specific topics that could be of interest for students, will be suggested during classes and through notices published on the course’s website and on https://virtuale.unibo.it [https://virtuale.unibo.it/] .

Teaching methods

The course is scheduled during the second semester through blended lectures, according to the modes described on the website.

Lectures are aimed at soliciting the involvement of students and a critical approach to the topics discussed, also through the exam of case studies and international standard form contracts and clauses.

Attention will be paid also to the necessary link of the insurance contract to the other contracts and legal relationships executed for the performance of the businesses whose risks the former is meant to cover.

Particular attention will be paid also to the analysis of practices and case-law.

Workshops concerning specific topics and involving the participation of experts could be organized: students will be informed about them during the course and also through notices published on the professor's website.

Assessment methods

The exam consists of an oral interview aimed at assessing the knowledge acquired by the student, who will be invited to discuss the different issues included in the exam program indicated below.

The interview will in particular assess the student's ability to identify - within the law sources and the reference and bibliographic material - the relevant information for the proper awareness and to consequently explain the peculiarities of the issues concerned.

In order to pass the exam, it is necessary to correctly answer to three main questions relating to the topics specified in the exam program provided below. The student's preparation can be assessed also on the basis of further questions aimed at deepening aspects relating to the three main questions.

An evaluation of excellence can be granted to students demonstrating to have acquired a comprehensive and critical vision of the topics addressed, as well as to master the specific language and contents of the course. 

The attribution of the final grade will be based on the following criteria:

- sufficient or barely sufficient knowledge on the programme, limited reasoning ability, some difficulties in using technical and legal language → 18-21/30;

- fairly good knowledge of the programme, adequate critical reasoning ability, sound use of technical and legal language → 22-25/30;

- comprehensive knowledge of the programme, notable reasoning ability, good command of technical and legal language → 26-29/30;

- extensive knowledge of the programme, very good reasoning ability, and ability to fully master technical-legal language → 30-30L/30.

During the exam the use of aids, such as textbooks, notes, computer devices, is not allowed.

Exam program for students that did not regularly attend classes:

The exam program coincides with the topics listed above in the Program / contents section.

Exam program for students having regularly attended classes:

The Professor reserves the right to grant to the students, who assiduously attended classes, a differentiated exam program. This program will be communicated at the beginning of classes.

Students having achieved the attendance in the same academic year of the subject entry in the study plan, will be able to take the exam from May.

For organizational reasons, given that, during the exam periods, the Professor will be in Ravenna only for exam purposes, students are kindly invited to cancel from the exam list or to inform Prof. Orrù at least the day before the exam, should they decide not to take it on the date for which they enrolled.

Teaching tools

Power point presentations and teaching materials, which will be uploaded on the website https://virtuale.unibo.it [https://virtuale.unibo.it/], websites, books and papers meant to deepen some topics of the course.

Further technological materials, deemed useful to teaching purposes, could be used.

Disabled Students or with specific learning disabilities (SLD) needing compensatory tools, may inform the professors about their needs in order to be addressed to the School’s specific Services and agree on suitable measures.

Office hours

See the website of Stefano Zunarelli