Social sciences and humanities
Subject: TRANSPORT LAW (A.A. 2022/2023)
Unit Diritto dei trasporti
Company Law (lesson)
The course aims to provide knowledge of Transport law, in its many dimensions (private, public, international and criminal law) through the study of its main characteristics and its institutions conducted directly on the legislation, on forms of international practice and the main judicial and arbitration cases.
There are no prerequisites. However, a good knowledge of the basics of the law of obligations and contracts, insurance law, international covenant and customary law is desirable to facilitate learning of the subject.
The course awards 6 CFU.
Sources and characters (1 CFU)
Transport law: definition and scope.
Domestic, European and international sources regulating the different modes of transport.
Maritime transport (3 CFU)
Ship 1: definition, registration and requirements, bare-boat registry and international registry- Ship 2: ownership, construction, sale and financing- Shipowner and seafarer: notion, shipowning companies, single ship companies, liability, limitation, auxiliaries- Contracts for the operation of the ship: definition of the category, dogmatics, criticism- Lease, leasing, comodato- Chartering and Charterparties- Transport: in particular, transport of goods determined by bill of lading- Maritime sales- Regulation of competition in maritime trades- Maritime insurance
Road Transport (2 CFU)
Land transport- Road haulage: notion, definitions- Evolution of road transport legislation: from l. no. 298/'74 to legislative decree no. 286/'05. In particular, the form and content of the contract-Responsibility cd. condivisa-Responsibility of the road carrier: fortuitous event and jurisprudential evolution-Responsibility of the road carrier: the limit to the indemnity obligation; CMR and international carriage of goods by road; ro-ro transport; Case studies; forwarding contract; contract of logistics.
Multimodal and rail transport (1 CFU)
Multimodal transport-Sources, definition, characteristics-Models of liability. The Rotterdam Rules-Definition, history, main features, subjects-In particular: the evolution towards a door-to-door freight transport concept, scope of application-Carrier and shipper liability: scope, rules applicable to non-maritime routes, basis of liability and burden of proof, limitation of the indemnity obligation. Carriage of goods by rail; rail-ship; rail-road.
The course includes institutional lectures interspersed with comments to legislation and case law rulings, case studies and periodical informal learning audits. Lectures provide several moments of coordination and comparison with subjects common to other teachings of the same scientific sector. Students involvement is encouraged by seminars and conferences. These activities will be provided in presence or remotely depending on how the COVID19 situation will evolve
The examinations will be held in person, subject to health regulations or special technical requirements. The examination consists of an oral test lasting approximately 30 minutes focusing on the learning of the course contents in the light of the indicated training objectives, by means of three/four questions, the first of which is chosen by the candidate; The assessment elements contributing to the awarding of the grade are: - knowledge and the ability to understand, - the ability to apply knowledge, - the autonomy of judgement, i.e. the ability to make a critical sense and formulate judgements, - the ability to communicate. The examinations take place throughout the teaching calendar and for each call, students must register using the Esse3 platform. An intermediate test is also scheduled halfway through the course, consisting of a questionnaire of ten multiple-choice questions which, if passed, entitles the student to a reduction in the syllabus for the purposes of the oral test.
Knowledge and understanding: the student will acquire good knowledge and understanding of the institutional part (sources, institutions, actors of maritime and transport law, their powers / duties / responsibilities). Applying knowledge and understanding: the student will be able to understand and explain the political and economic reasons that guide the choices of the legislature, the behavior of the contractors and the decisions of the Courts, at a domestic, EU and international level. Making Judgments: the student will develop orientation skills among the many sources regulating these matters and independence of judgment in finding the solution of practical Transport Law cases. Communication skills: the student will acquire accurate technical legal language that will allow proper and adequate the exposition of the results. Learning skills: the student will acquire knowledge and skills to gain access to further studies, to participate in competitions and perform profitably an employ in private companies.
A. Antonini, Corso di diritto dei trasporti, Milano, ult. ed. disponibile, escluse le parti di diritto aeronautico, integrato con S. Vernizzi, Le future Regole di Rotterdam, in Resp. civ. prev., 2009, 1154 e ss.
S. Zunarelli - M. Comenale Pinto, Manuale di diritto della navigazione e dei trasporti, Padova ult. ed. disponibile, Capp. I-XII, XIV, XV, XVIII, XIX.
Per un maggiore approfondimento della parte marittima:
A. Lefebvre d'Ovidio - G. Pescatore - L. Tullio, Manuale di diritto della navigazione, ult. ed. disponibile;
Gli studenti frequentanti saranno invece esaminati esclusivamente sui contenuti esposti a lezione
Attending students, on the other hand, will be examined exclusively on the content presented in class
I testi/manuali consigliati sono tutti presenti in Biblioteca Giuridica.
The recommended books/manuals are all to be found in the Law Library.