00225 - Navigation Law

Learning outcomes

The course aims to provide a general understanding of the main topics of the Maritime Law. The lectures will examine the legal sources of national, European and International regulations, as well as the most recent proposals of the European transport policy. All the main private aspects of the subject will be studied: the contracts for the use of the ship, the liability of the carrier by sea and road, the documents of transport, including the latest types of electronic documents. 

The course aims also to provide students with critical tools to evaluate and understand the complex reality of transport and to identify the legal issues underlying the practice in the shipping law, the sector of carriage by road and the international trade.

Course contents

Shipowner and shipping company. Contracts: bare boat charter, time charter and voyage charter. Transport by road and by sea. Multimodal transport. Transport documents and, in particular, bill of lading. Incoterms and maritime sales.

Program for 7 CFU:

A) - from p. 161 to p. 201 and from p. 240 to p. 255

B) - from p. 261 to p. 273

C) - from p. 275 to p. 288

D) - from p. 289 to p. 307

E) - from p. 309 to p. 359

F) - from p. 369 to p. 380

G) - from p. 381 to p. 409

H) - from p. 411 to p. 453

I) - from p. 499 to p. 508

L) - from p. 509 to p. 535

M) - from p. 566 to p. 570

N) - from p. 571 to p. 591

Comparisons will be performed with the principles of Air Law (whose topics will be studied in the course of Air Law).

 

Special program for Erasmus students

For Erasmus students the examination program will focus on international conventions and European regulations in the sector of Navigation and transport law. In particular:

• from p. 240 to p. 255
• from p. 369 to p. 380
• from p. 396 to p. 404
• from p. 433 to p. 453
• from p. 518 to p. 530
• from p. 571 to p. 591

Readings/Bibliography

 Stefano Zunarelli - Michele M. Comenale Pinto,  Manuale di diritto della navigazione e dei trasporti, I, terza edizione, 2016, Wolters  Kluwer - Cedam.

Teaching methods

Classes are held in the 1st semester. The students, who will have acquired the frequency in the academic year, will take the exam starting in January 2017.

The teacher reserves the right to grant to students, who are assiduously attended the lectures, a differentiated examination program, which is described as follows:

- A), B), C), D), M) and N) + the corrisponding parts of Stefano Zunarelli, Alessandra Romagnoli, Alessio Claroni, Luigia Di Girolamo, Casi e materiali di Diritto della Navigazione. Volume 1, Bologna, Bonomo editore, 2015 (Chapter I: from p. 1 to p. 22; Chapter II: from p. 23 to p. 51; Chapter VIII: from p. 141 to p. 149);

or, as an alternative,

- E), F), G), H) and I) + the corrisponding parts of Stefano Zunarelli, Alessandra Romagnoli, Alessio Claroni, Luigia Di Girolamo, Casi e materiali di Diritto della Navigazione. Volume 1, Bologna, Bonomo editore, 2015 (Chapter III: from p. 53 to p. 72; Chapter IV: from p. 73 to p. 85; Chapter VI from p. 113 to p. 128; Chapter VII: from p. 129 to p. 140).

The frequency to the course will be verified through periodic collections of signatures.

 

Private Law is required for as condition of attendance of this course.

Assessment methods

Verification of learning takes place through the only final exam, which ensures the acquisition of knowledge through an oral examination. 

The oral examination wants to assess critical and methodological skills acquired by the student:  abilities to steer within normative sources, a complete vision of issues covered in the lesson, an adequate expressive ability and a proper legal and technical language will be particularly assessed.

 

Thesis

The regular attendance and participation in class, as well as good knowledge of English, are preferred qualities for the allocation of the thesis in Navigation law.

There is a special list for the assignment of a thesis title. The title of the dissertation will be arranged directly with the Professor following an oral colloquium intended to understand the personal interest of the student in the present matter. In view of the waiting time, is recommended to apply for the award of the title of the thesis long before the last examination provided in the students’ exams program.

 

Teaching tools

Teaching is supported by power point presentations of the main topics covered by the course.

With reference to attending students, please note that any supplementary educational materials, concerning the topics analyzed during the lessons, will be made available to students in paper format or in electronic format on the website: http://campus.unibo.it/ . Username and password are reserved for students enrolled at the University of Bologna.

Office hours

See the website of Stefano Zunarelli