Social sciences and humanities
Subject: TRANSPORT LAW (A.A. 2024/2025)
Unit Diritto dei trasporti
Training activities in similar subject fields or in fields integrating the basic and distinctive ones, also relating to context cultures and interdisciplinary training (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.
Knowledge of the law of obligations and contracts, insurance law, conventional and customary international law
-Transport law: definition and scopeTransport by sea- Sources of Maritime Law, autonomy, specialty - Ship 1: establishment, registration and requirements, register bare-boat and the International Register - Ship 2: property, construction, sales and financing - Owner, captain and crew: concept, shipping company, single ship companies, responsibility, restriction, auxiliaries; - Contracts for the utilization of the ship: definition of the class, dogmatic, critical - Rent, lease, loan - Noleggio and Charterparties - Contract of Carriage: in particular, carriage of goods evidenced by bill of lading - Sale of Goods- Competition Law - Marine Insurance - Collision at sea, rescue at sea and law of average- Protection of the Marine Environment: hints Road transport- Road transport: concept, definition.- Changes in legislation relating to road transport: from l. No 298 / '74 to d. lgs. No 286 / '05. In particular, the form and content of the contract- Liability cd. shared- Liability of road accident trends and case law- Liability of road bond limit damagesMultimodal transport- Sources, definition, characteristics- Models of responsibilityThe Rotterdam Rules- Definition, history, main characteristics, subject- In particular: the move towards a conception of freight door-to-door scope- Liability of the carrier and the shipper: extension, regulations applied to non-maritime routes, the foundation of responsibility and burden of proof, limitation of liability
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. Attendance at the lessons is not compulsory.
Testing is conducted regularly through informal exercises and, at the two-third of the course, through a practical exercise on a case study on a topic so far. A the conclusion of the course is provided an oral examination lasting about 25 minutes for each candidate, which normally includes four main questions, of which the first chosen by the student.
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, e (cumulativamente, dunque)
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 la parte marittima, a mo' di approfondimento, si consiglia:
Carbone-Celle-De Gonzalo, Il diritto marittimo attraverso i casi e le clausole contrattuali, Torino, ult. ed. disponibile;
Lefebvre D'Ovidio-Pescatore-Tullio, Manuale di diritto della navigazione, Milano, ult. ed. disponibile.
Per la parte generale sul trasporto, M. Riguzzi, Manuale del diritto dei trasporti, giordano, 2014.
Per un ulteriore approfondimento di numerose tematiche relative ai contratti inerenti alla materia dei trasporti,
A. Morandi (coord. da), I contratti del trasporto, Bologna, 2013.