00225 - Navigation Law

Learning outcomes

The student knows the national, european and international law, intended to regulate the activities of companies operating in the sector, and how to apply the reference legislation to specific cases. The student is able to discuss the most current aspects of the doctrinal and jurisprudential debate on the contractual regulation of intersubjective relationships and the civil liability. Finally, he knows the most recent measures introduced by international and european bodies aimed at promoting some aspects of transport field (transport safety, prevention and liability regime with regard to environmental pollution).

Course contents

The course aims to provide a general knowledge of the main institutes of the Law of Navigation. During the course the national, european and international law will be examined, as well as the most recent proposals for European transport policy. All the private aspects of the matter will be studied in depth: the contracts for the use of the ship, the regulation of the liability of the sea and land carrier, the transport documents. Furthermore, among the main objectives of the course, the aim is to provide students with adequate critical tools to evaluate and understand the complex field of transport and to grasp the legal problems underlying the regulation of modern phenomena and practices in the field of transports and maritime navigation.

Program for 7 CFU:

A) - The shipping company (from page 155 to page 184)

B) - Contracts for the use of the ship (from page 233 to page 267)

C) - The transport contract in general (from page 269 to page 316; from page 327 to page 333;)

D) - Maritime transport (from page 335 to page 385)

E) - Air transport (from page 387 to page 419)

F) - The documentation of the transport of goods (from page 431 to page 449)

G) - Incoterms and maritime sales Fob and Cif (from page 489 to page 504).

Program for 9 credits: the following chapters are added to the topics indicated above (7 credits for teaching):

- Multimodal transport (from page 421 to page 429)

- The shipment contract (from page 484 to page 487)

- Liability in the maritime transport of hydrocarbons and dangerous and noxious substances in the uniform law (from page 218 to page 232)

- Technical-nautical services (from page 451 to page 474)

Integration exam program (2 credits):  

- Multimodal transport (from page 421 to page 429)

- The shipment contract (from page 484 to page 487)

- Maritime sales Fob and Cif (from page 489 to page 504)

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

Readings/Bibliography

The preparation for the exam must be carried out by studying the following text:

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

It is also recommended: 

Codice della Navigazione

a cura di Leopoldo Tullio - ed. Giuffrè - Milano

Teaching methods

The course takes place through lessons, also carried out through the use of power point presentations, held during the second semester and aimed at soliciting the involvement of students. Students who have completed their attendance in the academic year relative to the one in which the subject is included in the study plan will be able to take the exam starting from the month of May. During the course a cycle of seminars / meetings will be organized aimed at studying some of the most recent legal issues dealt with during the lessons.

Assessment methods

The assessment of the expected knowledge takes place during the exam, aimed at evaluating the achievement of the expected training objectives. The exam consists of an interview with the teacher and the chair collaborators on the topics covered by the course program. The assessment will take into account the knowledge of the institutional profiles, the ability to analyze the doctrinal and jurisprudential orientations, to make connections between the various parts of the program and to develop critical aspects, as well as the clarity of the exposition. The student's ability to identify, within the normative sources and the bibliographic reference material, the information useful to allow the learning and the consequent exposition of the peculiarities and specificities of the discipline will be particularly evaluated. The oral exam will be considered passed in consideration of the correct answer to three main questions relating to the topics included in the exam program, with the clarification that the student's preparation can be assessed on the basis of further questions aimed at specifying aspects relating to the three main questions . During the assessment, the Commission will be able to formulate an assessment 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 topics addressed, as well as that he possesses an expressive mastery and specific language. 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 topics that coincide with those indicated in the "Program and contents" section.

Exam program for attending students: Attending students, who will appear to have regularly attended 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 exclusive reference to students attending the course, it should be noted that any supplementary teaching material relating 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. it /. [http://campus.unibo.it/] Access is reserved for students enrolled at the University of Bologna.

Office hours

See the website of Greta Tellarini