OVERVIEW

The course of navigation and transport law concerns the discipline applicable to relations connected to the sea, in a perspective that enhances its transnational character, dedicating ample emphasis to the regulations of international and EU law, as well as national law, and to the practice of international trade. Air and land transport are also analysed. Navigation and transport law is essential for students who intend to work in companies or administrations active in the maritime and transport sector in the future or to exercise professions related to it.

AIMS AND CONTENT

LEARNING OUTCOMES

The course deals with the disciplines relating to the ship, ports, contracts and related responsibilities.

AIMS AND LEARNING OUTCOMES

Individual study, attendance and participation in the proposed learning activities will allow the student to:

Identify the sources applicable to the cases of navigation and transport law and understand and apply the rules contained therein according to the methods specific to each area;
Understand and remember the main regulatory provisions that govern them;
Understand the structure and functioning mechanism of the main standard contracts adopted in the practice of maritime trade;
Identify the solution of concrete cases in the light of relevant laws, contracts and jurisprudential precedents;
Read and critically examine, with independent judgment, regulatory texts of international origin, of the European Union or national and the texts of judgments of the Courts of merit, of legitimacy and of the Constitutional Court relating to navigation issues;
Express yourself in appropriate legal technical language.
Clearly illustrate and explain what you have learned.

TEACHING METHODS

The course consists of lectures, for a total of 36 hours (equal to 6 CFU), during which the main notions of navigation and transport law will be presented and analyzed, in light of the relevant discipline of international origin. European or national, as well as analyzed standard contracts in English and practical cases. The calendar with the topics of each lesson, with the indication of the pages of the text relating to them, and any supplementary materials to those found in the adopted text (standard contracts, sentences, articles of doctrine) are published Aulaweb

The teacher is also a professional active in the maritime sector, for which particular attention is paid to the concrete and applicative dimension of the subject, with respect to which the students are invited to interact.

SYLLABUS/CONTENT

The teaching of navigation law aims to provide students with adequate knowledge and understanding of the main rules that characterize the subject. In this perspective, the teaching analyzes:

- the sources of navigation and transport law (international law, European Union law, national law and private autonomy) and the methods of coordination of the same for the identification of the discipline concretely applicable to the cases (including the rules of private international law);

- the regulation of the ports;

- assets and subjects relating to the law of maritime navigation, namely: the ship as a legal asset and standard contracts relating to its construction, sale and financing; the leasing of a ship in the legal framework and standard contracts of international practice; the shipowner and maritime personnel;

- the typical negotiation cases in relation to international trade in the maritime field (maritime sales, charter-parties, transport of things on a bill of lading), with reference where relevant to the discipline of uniform international law and to standard contracts in English adopted in negotiation practice and with specific attention to national and foreign jurisprudential trends referring to them;

- auxiliaries in the maritime sector (brokers, freight forwarders, agents);

- the typical institutions of the maritime sector (collision, salvage at sea, general average and marine insurance), in the light of the uniform international law and the standard contracts in English adopted in negotiation practice, with specific attention to national jurisprudential trends and foreigners referred to them:

- general transport law, air and land transport law.

RECOMMENDED READING/BIBLIOGRAPHY

Attending students
CARBONE-CELLE-LOPEZ DE GONZALO, Il diritto marittimo – Attraverso i casi e le clausole contrattuali, Torino, Giappichelli, 7TH EDITION, 2024, excluded chapters 7, 13 e 16.

Non attending students

CARBONE-CELLE-LOPEZ DE GONZALO, Il diritto marittimo – Attraverso i casi e le clausole contrattuali, Torino, Giappichelli, 7TH EDITION, 2024, excluded chapters 7, 13 e 16.

ROPPO, Trattato dei contratti, Tomo IV, Opere e servizi-2, Giuffrè, 2014, from pag. 20 to pag. 38from pag. 47 to pag 84; from pag. 205 to pag. 244.

TEACHERS AND EXAM BOARD

Exam Board

PIERANGELO CELLE (President)

FRANCESCO MUNARI

LAURA CARPANETO (Substitute)

SIMONE CARREA (Substitute)

CHIARA CELLERINO (Substitute)

MATTIA COSTA (Substitute)

MARIA ELENA DE MAESTRI (Substitute)

MARTA GIANNONI (Substitute)

PAOLA IVALDI (Substitute)

FRANCESCO PESCE (Substitute)

ILARIA QUEIROLO (Substitute)

LORENZO SCHIANO DI PEPE (Substitute)

CHIARA ENRICA TUO (Substitute)

LESSONS

LESSONS START

16th February 2024

Class schedule

The timetable for this course is available here: Portale EasyAcademy

EXAMS

EXAM DESCRIPTION

The exam is normally oral and is divided into two open questions relating to topics that are representative of the entire course program. In addition, the student is required to deepen the analysis and solution of at least one practical case taken from the topics illustrated in the text and / or in class. Only students who have attended at least 2/3 of the lessons will be given the opportunity to take the exam in written form in a specific session held at the end of the course. This test, addressed in particular to the topics and cases specifically dealt with in class (and therefore particularly suitable for students who have attended regularly), consists of a series of closed questions relating to most of the institutions covered during the course and a open question relating to the analysis and solution of at least one practical case taken from one of the topics that are specifically studied during the lessons.

Students with learning disorders ("Disturbi Specifici di Apprendimento", DSA) will be allowed to use specific modalities and supports that will be determined on a case-by-case basis in agreement with the delegate of the Committee for the Inclusion of Students with Disabilities.

ASSESSMENT METHODS

Both the oral exam and the written exam aim to verify the students' actual knowledge and acquisition of the basic theoretical notions as well as their ability to identify and apply the reference standards to specific concrete cases. Through questions of a general theoretical nature and the proposal of cases and problems of a practical nature - which for attending students always draw inspiration from the didactic activity carried out in the classroom - it will be verified whether the student is able to:

identify and define legal concepts using appropriate technical language;
identify and apply the main regulatory and contractual provisions that regulate the conduct of relations relating to the right of navigation with reference to specific cases;
understand and interpret, with a critical spirit, the main legislative and negotiating texts as well as the texts of some fundamental judgments discussed in class;
effectively illustrate and explain the concepts learned.

Exam schedule

FURTHER INFORMATION

Further informations, the lessons schedule and additional teaching material are on the Aulaweb page of the course.