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MARITIME CONTRACTS AND MARINE INSURANCE LAW

CODE 102010
ACADEMIC YEAR 2022/2023
CREDITS
  • 9 cfu during the 2nd year of 8708 ECONOMIA E MANAGEMENT MARITTIMO E PORTUALE (LM-77) - GENOVA
  • SCIENTIFIC DISCIPLINARY SECTOR IUS/06
    LANGUAGE English
    TEACHING LOCATION
  • GENOVA
  • SEMESTER 1° Semester
    TEACHING MATERIALS AULAWEB

    OVERVIEW

    The course introduces student to knowledge and study of the main maritime standard contracts, transport documents used in carriage of goods by sea, sale of goods and maritime insurance contract by analysing forms and standard clauses and terms adopted in national and international trade.

    AIMS AND CONTENT

    LEARNING OUTCOMES

    The aim of the first part of the course is to introduce student to the knowledge and the study of the main maritime standard contracts as regulated by the main international forms adopted in practice. These forms are related among others to shipbuilding, ship repairs and ship sales, ship management, bareboat charters, charterparties, cruise and yachting, towage, and salvage contracts. The second part of the course aims also to introduce students to the analysis of the transport documentation used in carriage of goods by sea considering forms of bill lading and sea waybill. The third and last part of the course is devoted to examining the main marine insurance coverages concerning hull and machineries as well as goods, freight, and liability. The analysis of maritime standard contracts, transport documents used in carriage of goods by sea and marine insurance coverage will be undertaken by a critical methodology approach where the main legal issues will be considered. This analysis will be also carried out by the contribution of operators, insurers, and professionals, promoting interaction between students and world of work.

    AIMS AND LEARNING OUTCOMES

    The course aims to provide student with an adequate knowledge of features and contents of the main maritime standard contracts, transport documents used in carriage of goods by sea, and standard terms of common use in maritime sale transactions adopted in national and international maritime practice, and marine coverages.

    Successful students will be able to orientate themselves through the subject-matters considered during the course and therefore be able to tackle the relevant legal issues by taking into consideration the most valid solutions.

    PREREQUISITES

    No prerequisites.

    TEACHING METHODS

    The course consists of 72 hours of lectures carried out in English also by digital devices and the Internet according to the guidelines for teaching adopted by the University. Lectures will be devoted to examining maritime standard contracts and transport documents used in carriage of goods by sea. Lectures will be also dedicated to studying standard terms of common use in international sale transactions and maritime insurance contracts, and relevant clauses. Tutorials devoted to analysing the main case law and its impact on the maritime practice.

    Student will be required on a voluntary basis to examine legal issues agreed with the lecturer according to the course programme. The study activity can be undertaken by the student individually or in working group. The results of this activity will be presented and discussed together with the lecturer and/or maritime operators during lectures or seminars.

    Student interactive attendance at lectures and other academic activities of the course will be encouraged.

    SYLLABUS/CONTENT

    The programme of the course is divided in four parts as follows.

    Part I - Maritime Standard Contracts

    - Maritime Contractual Practice: General Aspects

    - Shipbuilding

    - Ship Sale and Purchase

    - Ship Management

    - Bareboat Charter

    - Charterparties

    - Cruise Contract

    - Yachting Contracts

    - Towage Contract

    - Salvage Contract

    - Other Maritime Contracts

    Part II - Transport Documents in carriage of good by sea

    - Bill of Lading

    - Seawaybill

    Part III - Sale of Goods

    - General Aspects

    - Incoterms

    - Documentation

    Part IV - Maritime Insurance Contract

    IV.1 Maritime Insurance Contract: General Aspects

    - Legal Sources and Maritime Practice

    - Contents, Features and Form

    - Parties

    - Assured Obligations

    - Insured Object

    - Risks

    - Duration

    - Insurance Payment

    IV.2 - Insurance Coverages and Standard Clauses

    - Hull Insurance (Institute Voyage Clauses Hulls, International Hull Clauses, Institute War and Strike Clauses. Hulls-Time e Hulls Voyage)

    - Cargo Insurance (Polizza italiana di assicurazione delle merci trasportate, Institute Cargo Clauses, Institute War Clauses (Cargo), Institute Container Clauses - Time)

    - Freight Insurance (Institute Time Clauses Freight e Institute Voyages Clauses Freight, Institute War and Strikes Clauses, Freight-Time e Freight Voyage)

    - Liabilities Insurance (Protection & Indemnity Clubs Rules)

    RECOMMENDED READING/BIBLIOGRAPHY

    Instalments and extracts of publications in English will be provided for students enrolled in the course. In addition, documents related to the programme topics will be provided to course students and analysed (for example, clauses, contract models, general conditions of contracts, measures, and judgements). For closer examination of the issues examined, publications in the University’s libraries and online data bases, will be made available on request to students. Study material will be also provided by AulaWeb online digital platform.

    TEACHERS AND EXAM BOARD

    LESSONS

    LESSONS START

    The course will take place in the first semester.

    Class schedule

    All class schedules are posted on the EasyAcademy portal.

    EXAMS

    EXAM DESCRIPTION

    1. Exam

    1.1 Attending Student

    The final exam will consist of a written exam and oral exam on the basis of a study project elaborated by the student on a topic agreed together with the lecturer. To sit for the exam, propaedeutical requirement is not provided. The final exam will take place according to the guidelines for teaching adopted by the University.

    - Written exam will consist of three open questions related to the topic of the student's study project.

    - Oral exam will consist of a discussion on the results of the written exam.

    1.2 Non-Attending Student

    Non-attending student to pass the exam must:

    - elaborate in English a study project on a legal issue related to a part of the course programme chosen by the student and agreed with the lecturer according to the guidelines posted in AulaWeb platform. Such study project (ppt presentation and abstract) must be sent to the lecturer in good time and, in any case, before the student enrolment to the written exam.

    - study the remaining parts of the course programme through the lecture notes/slides and study material posted in AulaWeb platform.

    For further information, student may look at publications/books indicated in the Bibliography/Literature (posted in Aulaweb platform) and available in the Library of the Department of Economics, University of Genoa.

    The exam consists of a written exam and an oral exam.

    - Written exam (1 hour) in presence will consist of three open questions related to the legal issue examined within the student’s study project and the remaining parts of the course programme.

    - Oral exam in presence will consist of a discussion about the results of the written exam.

    2. Coursework and tests

    During the course, coursework and tests will take place.

    ASSESSMENT METHODS

    Exam assessment will carried out according to the following elements:

    - mastery of the subject-matter

    - analytic/critical capacity

    - answer accuracy

    - expository clarity

    Exam schedule

    Date Time Location Type Notes

    FURTHER INFORMATION

    Other information

    Students are invited to enrol in the AulaWeb online platform to access to study material and further information related to the course.

    Student are advised to look periodically at the AulaWeb Platform to be updated.

    For queries related to the programme and the activities of the course please send an email to the lecturer (giovanni.marchiafava@economia.unige.it).

    Erasmus students can attend the course of Maritime Contracts and Marine Insurance Law regardless of their degree course.

    Students with specific learning disorders (DSA), disabilities and any other specific formative need are advised to contact at the begining of  the course the lecturer to agree teaching modes according to the course's formative objectives, considering individual learning modes and provinding adequate compensatory devices.