
Maritime Law
Code: 102272Credits: 6
| Degree programme | Type | Course |
|---|---|---|
| Law | OP | 4 |
Errata
Group language: The language of instruction for group is Spanish, not Catalan. The group's teaching language is spanish, not catalan.
Contact lecturer
- Name :
- Jorge Miquel RodrÃguez
- Email :
- jorge.miquel@uab.cat
Teaching staff
- Maria Isabel Martinez Jimenez
Group languages
You can consult this information at the end of the document.
Prerequisites
There are not previous requirements.
The teaching of the subject will be taught taking into account the perspective of the Sustainable Development Goals.
Objectives
To achieve a good knowledge of the principal institutions of the maritime law.
Learning outcomes
- Efficiently managing information, being capable of assimilating a considerable volume of data in a limited amount of time.
- Managing bibliographic and documentary resources: databases, browsing, etc.
- Demonstrating a sensible and critical reasoning: analysis, synthesis, conclusions.
- Students must be capable of learning autonomously and having an entrepreneurial spirit.
- Demonstrating theoretical and practical knowledge of Commercial Law, appropriately using its terminology.
- Distinguishing the speciality and usefulness of the Commercial law in the framework of the legal system.
- Associating the Commercial Law with the current and future society as well as with other (political, sociological, etc.) sectors of society and also with its state, community and international context.
- Summarising the theoretical and practical knowledge when drawing up contracts and other commercial law instruments.
- Relating the knowledge with problems derived from business traffic in terms of offering fair and efficient solutions.
- Critically distinguishing the historical trajectory in the approval of commercial standards and in the training of trade uses, and being ready to anticipate alternative legal solutions.
- Identifying, assessing and applying the Commercial Law in the light of the Spanish, community and international commercial case law (for example the International Tribunal for the Law at the Sea).
- Summarising the basic principles of jurisprudence in the main aspects relatives to the economic and business activity.
- Publicly presenting practical cases and its possible legal solutions.
- Contextualising the law commercial standards for the purpose of its implementation to law suits.
- Demonstrate theoretical and practical knowledge of Maritime Law, making correct use of its terminology.
- Define the speciality and utility of Maritime Law in the framework of legal regulations.
- Contextualize Maritime Law within the legal regulations, its function and its use in business transactions.
- Link Maritime law to the present and future society and to other sectors of the same (politics, sociology, etc.), as well as its national, community and international context.
- Identify the different efficiency in including certain clauses in a chartering contract or in any other maritime contract.
- Summarise theoretical and practical knowledge for drawing up contracts and other mercantile and maritime instruments.
- Critically describe the historical path of approving maritime rules and the formation of commercial maritime use and be able to forecast alternative legal solutions.
- Identify, recognise the value of and apply Maritime Law in terms of Spanish, community and international jurisprudence (for example the International Tribunal of the Law of the Sea).
- Contextualize maritime rules with a view to their application in court cases.
Contents
- Introduction to maritime law.
- Law of the sea.
- Administrative organizations of navigations and ports.
- Subjets of the maritime navegation.
- Legal regime of the ships.
- Contrats for use of ships.
- Maritime insurances.
- Average, salvage, navigation accidents and maritime pollution.
Learning activities and methodology
| Title | Hours | ECTS | Learning outcomes |
|---|---|---|---|
| Exercises (practices and cases, comments, debates, simulation of trials...) | 22 | 0.88 | 1, 5, 6, 8, 9, 11, 13, 14 |
| Master classes | 22 | 0.88 | 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14 |
| Tasks and study out the class | 73.5 | 2.94 | 1, 3, 4, 5, 6, 7, 8, 9, 11 |
Lecturers will put into practice the educational activities they deem appropriate in order to facilitate the study and learning of the student.
The development of the teaching of the subject and of the learning of the student is based on the following formative activities:
1. Guided activities: activities where the teacher develops the active part of the class. It includes master classes where the student reaches the conceptual bases of the subject and its legal and regulatory framework and jurisprudential.
Also, the practical classes, where students, individually or in small groups, analyze and solve along with the professor practical cases. Supervised activities: activities that students will develop individually or in small groups, with the support of the lecturer, in order to prepare the evaluable practices, such as discussion and resolution of cases, comments, debates, simulations of judgments, others.
2. Autonomous activities: activities that students will develop autonomously. It includes among others the search and reading of bibliography, norms and jurisprudence, study, preparation of 5 practical cases.
Assessment
Continuous assessment activities
| Title | Weight | Hours | ECTS | Learning outcomes |
|---|---|---|---|---|
| Final exam | 50% | 5 | 0.2 | 5, 6, 7, 8, 9, 10, 11, 12, 15, 16, 21, 22, 23 |
| Assignments | 30% | 5 | 0.2 | 1, 2, 3, 4, 5, 9, 13, 14, 15, 16, 17, 18, 19, 20, 21, 23 |
| Active participation in lecturers | 20% | 22.5 | 0.9 | 2, 3, 5, 13 |
Transparency in the use of AI: For this subject, the use of artificial intelligence (AI) technologies is allowed exclusively in support tasks such as information search, text correction, translations or information organization. The student must clearly identify the use he has made of AI, share with the teaching staff the interactions maintained with AI tools and include a critical reflection on how these have influenced the process and the final result of the activity. The lack of transparency in the use of AI in this assessable activity will be considered a lack of academic honesty and may lead to a partial or total penalty in the grade of the activity, or greater sanctions in serious cases
For each group, the specific date or the week of carrying out the evaluable activities will be published before the beginning of the teaching, notwithstanding the fact that, exceptionally and due to reasons of force majeure, these may, with prior notice and sufficiently in advance, be modified.
The mark of the practices and the participation in the class will be made public before the final exam.
To pass the subject, the student must have obtained a minimum mark of 3.5 in the final exam and participated in the other two evaluation activities.
Students who have not pass the subject, have right to retake the final exam if they have obtained at least 3 in each of the three evaluation activities (final exam, assignments and participation in class). Only the final exam can be retaken.
These three evaluation activities will be taken into account to determine the final grade resulting from the evaluation as well as the reevaluation. Students who retake exam may obtain a maximum grade of 7.
Students will be assessed as long as they have completed a set of activities whose weight is equivalent to a minimum of 2/3 of the total qualification for the subject. If the value of the activities carried out does not reach this limit, the teacher of the subject may consider thestudent as not evaluable.
In the case of a single assessment, on the official day the students will have to deliver 5 practices with a value of 10% each, previously published, and take an exam lasting two hours and with a value of 50%. The conditions for access to the revaluation are to have obtained a minimum grade of 3.5 in the exam and a 3 in each of the practices. In case of reassessment, the exam will also be held on the official date and will also last for two hours. The assessment and reassessment exam is different from the continuous assessment to ensure that the students have achieved the subject's skills. Students who retake exam may obtain a maximum grade of 7.
A student who cheats or try to cheat an exam will have a 0 as a mark. A Student who submits a paper o practical in which there is evidence of plagiarism will have a 0 as a mark and will receive a warning. In case of repetition, the students will fail the subject.
Bibliography
Recommended books:
GABALDÓN GARCÍA, José Luis, RUIZ SOROA, José María (2006), Manual de Derecho de la Navegación marítima, 3ª ed., Barcelona-Madrid, Marcial Pons.
GABALDÓN GARCÍA, José Luis, Curso de derecho marítimo internacional. Derecho marítimo internacional público y privado y contratos marítimos internacionales, 2nd ed., Barcelona-Madrid, Marcial Pons.
PULIDO BEGINES, Juan Luis, Instituciones de Derecho de la Navegación marítima (2009), Madrid, Tecnos.
PULIDO BEGINES, Juan Luis, Curso de Derecho de la navegación marítima (2015), Madrid, Tecnos.
SALINAS ADELANTADO, Carlos, Manual de Derecho marítimo (2022), Valencia, Tirant lo Blanch.
Software
The subject does not have specific software.
Course groups and languages
The information provided is provisional until November 30. After this date, you will be able to consult the language of each group through this link. To access the information, you will need to enter the course CODE
| Type of teaching | Group | Language | Semester | Shift |
|---|---|---|---|---|
| (TE) Theory | 51 | Catalan | first semester | afternoon |
| (PAUL) Classroom practices | 51 | Catalan | first semester | afternoon |