00225 - Navigation Law

Learning outcomes

The student knows the national, community and international discipline intended to regulate the activities of companies operating in the sector, knowing how to apply the relevant legislation to specific cases. The student is able to discuss the most current aspects of the doctrinal and jurisprudential debate regarding the contractual regulation of intersubjective relationships and of the civil liability regime. Finally, he knows the most recent interventions by international and community bodies aimed at promoting certain aspects of transport in its various forms, promoting transport safety and regulating the prevention and responsibility profiles in the field of environmental pollution.

Course contents

The course aims to provide a general knowledge of the main institutions of the Law of Navigation. During the lessons will be examined the relevant national, EU and international laws, as well as the latest proposals for European transport policy. All the privatistic aspects of the subject will be examined in depth: ship use contracts, the regulation of the responsibility of the maritime and land carrier, transport documents. Among the priority objectives of the course we also aim to provide students with adequate critical tools to evaluate and understand the complex reality of transport and to understand the legal problems underlying the discipline of modern phenomena and practices in the field of maritime navigation and of transport.

Program for teaching 7 credits:

A) - The shipping company (from pag. 155 to pag. 184)

B) - Contracts for using the vessel/aircraft (from pag, 233 to pag, 267)  

C) - The transport contract in general: people and things (from page 269 to page 316 - from pag, 327 to pag. 333);

D) - The maritime transport (from pag. 335 to pag. 385)

E) - The air transport (from pag. 387 to pag. 419)

F) - Multimodal transport (from pag. 421 to pag. 429)

G) - The documentation of the transport of goods (from pag. 431 to pag. 449)

H) - The shipping contract (from pag. 484 to pag. 487)

I) - Incoterms and maritime sales Fob and Cif (from pag. 489 to pag. 504).

Program for teaching 9 credits:

the following chapters are added to the topics indicated above (foreseen for teaching 7 credits):

- the liability in the maritime transport of hydrocarbons and of dangerous and noxious substances in the uniform law (from pag. 218 to pag. 232)

- Towage contract (from pag. 451 to pag. 461)

- Pilot contract (from pag. 463 to pag. 474)

Integration program (2 credits):

- a paper on jurisprudential case studies on shipping or multimodal transport or Cif and Fob marine sales

- the liability in the maritime transport of hydrocarbons and of dangerous and noxious substances in the uniform law (from pag. 218 to pag. 232)

Readings/Bibliography

The exam must be prepared by studying the following text:

Stefano Zunarelli - Michele M. Comenale Pinto, Manuale di diritto della navigazione e dei trasporti, I, IV edition, 2020, Wolters Kluwer - Cedam

We recommend:

Codice della Navigazione

edited by Leopoldo Tullio - ed. Giuffrè - Milano

Teaching methods

Teaching takes place through lectures, also performed through the use of power point presentations, held during the second semester and aimed at soliciting student involvement. Students who have completed their attendance in the academic year related to the entry of the subject in the study plan can then take the exam starting in May. During the course a series of seminars / meetings will be organized aimed at deepening some of the most recent legal problems dealt with during the lessons.

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 related to those included in the exam program. The student's ability to identify, within the normative sources and the reference bibliographic material, the information useful to allow the learning and consequent exposure of the peculiarities and specific features of the discipline will be particularly evaluated. The oral test will be considered outdated in consideration of the correct answer to three main questions related to the topics covered by the exam program, with the clarification that the student's preparation can be evaluated on the basis of further questions aimed at specifying aspects related to the three main questions . During the assessment, the Commission can formulate an evaluation expressed with marks of excellence if, in the presentation of the contents, the student demonstrates that he has acquired an organic and critical vision of the issues addressed, as well as possessing an expressive and specific language mastery. During the test, the use of support material such as textbooks, notes, computer devices is not allowed.

Exam program for non-attending students:

The interview will focus on issues that coincide with those indicated in the "Program and contents" section.

Exam program for attending students:

Attending students, who will have attended assiduously 70% of the lessons, will have to prepare the exam according to the differentiated program that will be indicated in the first lesson of the course.

 

Teaching tools

With reference to the students attending the course, it should be noted that any additional educational material relevant to the topics covered during the lessons will be made available to students in paper format or in electronic format on the website: http: //campus.unibo. en /. [http://campus.unibo.it/] Access is restricted to students enrolled at the University of Bologna.

Office hours

See the website of Greta Tellarini