Università degli Studi di Napoli "Parthenope"

Teaching schedule

Academic year: 
2021/2022
Belonging course: 
Course of Master's Degree Programme on MARITIME ECONOMY
Disciplinary sector: 
ECONOMICS LAW (IUS/05)
Language: 
Italian
Credits: 
6
Year of study: 
1
Teachers: 
Cycle: 
First Semester
Hours of front activity: 
48

Language

Italian

Course description

The course aims to provide the tools suitable for understanding marine insurance and - more generally - transport insurance in the general framework of private insurance.

- Knowledge and understanding:

the student will have to know the basic rules of marine insurance law. He must also be able to understand the aims of the actions implemented in the international arena on the matter.

- Ability to apply knowledge and understanding:

the student must be able to find, understand and use European sources on the subject.

- Making judgments:

the student must be able to acquire interpretative skills, case analysis and qualification of the relationship between real facts and legal cases, in order to be able to identify, represent and resolve the problems connected to marine insurance law.

- Communication skills:

the student must be able to acquire clear and effective communication skills, thanks to a good command of the technical vocabulary related to the topics covered during the course.

- Learning ability:

the student must be able to deepen their knowledge of relevant and relevant bibliographic references for the field being studied. In particular, the student must be able to understand the current regulatory context on the subject.

Prerequisites

It is advisable to have adequate knowledge of private law

Syllabus

PARTE I. L’ ASSICURAZIONE MARITTIMA. PROFILI GENERALI
- La disciplina delle assicurazioni marittime: generalità, fonti e classificazione
- Controllo pubblico ed interventi settoriali
- I rischi nelle assicurazioni marittime
- I danni indennizzabili e i criteri di liquidazione
- L’assicurazione delle merci
- IL trasferimento della nave assicurata: sorte del contratto di assicurazione e obblighi di cedente, cessionario e assicuratore ceduto ;
- La distribuzione delle assicurazioni marittime

PARTE II. RESPONSABILITA’ E RISARCIMENTO DANNI

- Assicurazione marittima e responsabilità civile;
- Responsabilità per danni da collisione nave;
- Il danno da inquinamento;
- Responsabilità del vettore marittimo per danni a persone e per danni a cose;
- L’assicurazione della responsabilità armatoriale e i P&I Clubs;

PARTE III. CONTENZIOSO ASSICURATIVO

- Il contenzioso assicurativo marittimo;
- Le controversie in materia di assicurazione marittima;
- Arbitrato marittimo e assicurazione

Teaching Methods

The course is organized in lectures, case discussions, articles in specialized journals on the topics covered in the study. After a first part of the course mainly based on conventional lessons, the students will be divided into working groups. Each group will be assigned a case to be solved relating to the topics addressed, from time to time, in class. This teaching method is functional in stimulating students towards learning the subject because it allows them to apply theoretical knowledge to factual reality. In particular, the study of jurisprudential cases allows to verify the application of the knowledge acquired and, in this way, stimulates the students' curiosity towards the subject.

Textbooks

- AA.VV., Elementi di diritto delle assicurazioni marittime, a cura di D. Rossano, CEDAM, in corso di stampa. Acquistabile su https://shop.wki.it/libri/elementi-di-diritto-delle-assicurazioni-maritt...

Learning assessment

The verification of learning is based on an oral exam.
The oral interview method allows to evaluate in the most complete way, in addition to the student's communication skills, the acquisition of the analytical and critical skills required of the student in consideration of the complexity of the topics and arguments covered by the course of which he must demonstrate the knowledge and understanding.
The expected learning outcomes will be verified by formulating three or more questions. Evaluation criteria and scores are determined according to the following scale:

less than 18/30 - insufficient level: the candidate does not reach any of the learning outcomes foreseen in the point "knowledge and understanding";

18-20/30 - sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the point "knowledge and understanding";

21-23/30 - fully sufficient level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding" and "applied knowledge and understanding";

24-26/30 - good level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding"; “applied knowledge and understanding” and “independent judgment”;

27-29/30 - very good level: the candidate achieves, in particular, the learning outcomes foreseen in the points "knowledge and understanding"; “applied knowledge and understanding”; “autonomy of judgement” and “communication skills”;

30-30 cum laude - excellent level: the candidate fully achieves the learning outcomes set out in the points "knowledge and understanding"; “applied knowledge and understanding”; “autonomy of judgement”; “communication skills” and “ability to learn”.
For those who will attend the lessons, there will be an inter-course test focused on the topics covered until mid-course. Specifically, this test will consist in the solution of a concrete case drawn from the jurisprudential case law on the matter. The written test will take place in two hours; the correction of the documents will take place immediately after the conclusion of the test; then the results will be read out to the candidates in the classroom. To be admitted to the oral exam - which in case of passing the written test will concern only the remaining part of the program - the student must demonstrate that they have achieved at least the learning outcomes set out in the "knowledge and understanding" point. The mark obtained in the written test will be averaged with that obtained in the oral test.
If the student does not pass the written test, he will be able to take the oral one which, in the latter case, will concern the whole program.

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