The module of Navigation Law aims to provide the law students with an adequate training in a highly specialized field, with a view to facilitate the entering in the business world. The primary objective is to provide the students with the necessary skills to carry out the main forensic activities. Moreover to give the essential knowledge for a possible entry into the business world as well into public and private institutions.
Knowledge and understanding
The aim of the course is to give the students a solid knowledge of the main navigating law institutes, in the light of their framing and systematic linkage with all branches of the legal system. The study of the national, european union and international legislation and regulations of the institutes will be complemented by the analysis of the contract forms commonly used in the practice of maritime and air traffic. Moreover a deep analysis of the main legal and arbitration cases in this field will be carried out.
Applying knowledge and understanding
The student should be able to correctly frame the national, european and international sources of navigation law. To understand the discipline of public goods and the administrative activity of the sector, understand the peculiar regime of the owner and the operator, the ship and aircraft utilization contracts and other sources of shipping related obligations. The student will be able to apply to practical cases the skills acquired in relation to the normative, doctrinal and jurisprudential production in maritime and air navigation.
This module is aimed at increasing the ability to critically evaluate and analyze the many issues related to the maritime and aviation sector in the various operational, public and private contexts. To this end, educational tools will be used, including simulations, discussions of legal cases in schools, critical arrangement of doctrinal and jurisprudential interpretations.
The articulation of the module involves a number of activities (exercises, classroom discussions, seminars) aimed at strengthening the ability to pass on the skills acquired in the subject, also through IT tools, and to use the technical-legal language typical of discipline. The communicative skills of the student will be explicitly assessed during the exam.
This module will provide the student with the necessary autonomy to continue to deepen autonomously the study of navigation Law and access to the main scientific literature, including through online databases, in order to align their competences with the continuous evolution of sectoral legislation in relation to the working contexts in which they will operate.
Maritime and Air Law: definitions and features; history; sources and interpretation. The management of the navigation . Administration of Public goods allocated to the navigation. The administrative activity in public goods intended for navigation. The specific administrative activities of the navigation. The administrative system of the ship and the aircraft . The ownership of the vessel and aircraft. The operation of the ship and the aircraft. The control of the owner and the operator. The contracts for the use of the ship and the aircraft.
The pilotage and towage contract. The contribution to general average. The damage to third parties on the surface and collision. The assistance and salvage. Marine and Aviation . Jurisdiction Procedure of Navigation.
The aim of the course is to give the students a solid knowledge of the main navigating law institutes, in the light of their framing and systematic linkage with all branches of the legal system.
The first module of lessons focuses on the administrative discipline of the goods and the activities of navigation (20 hours). The second module on contract discipline (30 hours). The third module on special law institutes (22 hours).
Traditional: frontal lessons and exercises (study of the most common cases through analysis of case law and contractual modules).
Lefebvre - Pescatore - Tullio, Manuale di diritto della navigazione, Giuffrè, Milano, XIV edizione, 2016.
Consultation of the navigation code is essential for the preparation of the exam.
A. De Filippis - F. Troncone (curr.), Codice della navigazione, Simone, Napoli, ult. ed.
The tests will take place through an oral examination of the duration of approx. 15/20 minutes, with a final vote in thirtieths. The subject of the examination is the assessment of the knowledge provided by the teaching program, the ability to solve particular legal problems, the correctness, clarity and effectiveness of exposure (with special regard to the appropriate use of technical terms).