General information


Subject type: Mandatory

Coordinator: Jesus Ezequiel Martínez Marín

Trimester: Third term

Credits: 6

Teaching staff: 

Estela Pombo Gutiérrez

Teaching languages


 

Some additional information and resources may be read in English.

 

Skills


Specific skills
  • Establish maritime and logistics business projects that allow the creation of new companies or the improvement of existing ones, adopting innovative and creative ideas

  • Demostrar capacitat per comunicar de manera fluida en llengua espanyola, catalana i anglesa de forma oral i escrita en l'entorn de la logística i els negocis marítims

  • Show knowledge of the organization of maritime, land, air and multimodal transport, customs management and international trade in order to manage and / or contract transport

  • Demonstrate knowledge about the structure, organization and management of ports -sport and state-of-the-art- where the traffic of people and goods, nautical leisure, fishing and tourism coexist, emphasizing cruises

  • Show knowledge of the ship and its recruitment for use as a means of transport for both goods and people, in an environment of sustainability and respect for the environment

Description


Maritime law regulates the framework within which the activities of maritime traffic are registered.

 

With the entry into force of the Law of Maritime Navigation (Law 14/2014, of 24 July) a comprehensive reform of Spanish maritime law is carried out which is coordinated with International Maritime Law and the practice of Transport Maritime.

 

The contents of the program have as their axis of discipline the shipowner or shipping company, and the ship as an instrument for the exercise of an economic activity organized in the form of a company. 

Contracts on the operation of the ship, the risks of navigation, the subjects and bodies responsible for establishing the regulatory framework for the maritime transport sector, are aspects addressed by the agenda that will conclude with references to the specialties of maritime rescue and insurance.

 

The TecnoCampus will make available to teachers and students the digital tools needed to carry out the course, as well as guides and recommendations that facilitate adaptation to the non-contact mode.

 The classroom (physics or virtual) it is a safe, free space of attitudes sexists, racists, homophobic, transphobic i discriminatory, ja be towards the students or towards the faculty. we trust that among all and all we can create a space sure on ens can to err i to learn sense having to suffer prejudice others.

Learning outcomes


Apply knowledge about law and its implications in the maritime field. In particular, on the law of contracts with economic relations.

Working methodology


Theoretical sessions:


MD1. Master class. Lectures based on the teacher's explanation attended by all students enrolled in the subject.
MD3. Presentations. Multimedia formats that support face-to-face classes.

 

Guided learning


MD7. Case study. Dynamics that starts from the study of a case, which serves to contextualize the student in a specific situation, the teacher can propose different activities, both individually and in groups among students.

Autonomous learning


MD9. Solving exercises and problems: Non-contact activity dedicated to solving practical exercises based on the data provided by the teacher.
MD11. Non-contact tutorials. For which the student will have telematic resources such as e - mail and ESCSET intranet resources.

Contents


1. CONCEPT, CHARACTERS AND SOURCES

Concept and sources of maritime navigation law.

The use of the sea and the purpose of navigation.

Maritime navigation spaces.

Sources of commercial maritime law. Commercial maritime uses. Characteristics of maritime law.

2. The Administrative Organization of Navigation.

Maritime lordship. Concept and organs. Objectives and powers of the general administration of the State.

Maritime competences of the autonomous communities.

The spaces of navigation.

Navigation by inland waters.

Navigation through the territorial sea.

Navigation through the exclusive economic zone.

High seas navigation.

3. Legal Status of the Vessel.

Concept of ship and legal nature.

The identification of the ships.

The Spanish ship registration system, foundation and legal regime.

Structure, and purpose; content, procedure and effects of registration.

The ship as an object of real rights. The Ownership of the Ship. Naval construction contract.

The privileged maritime credits, the naval mortgage.

4. Contracts for the use and operation of the ship.

The rental contract by journey and by time.

Concept, elements and legal regime.

The contract for maritime transport of goods under the bill of lading regime.

5. Maritime Insurance.

Introduction, characteristics, legal regime, type of marine insurance contract.

Subjective and formal elements of the contract. Obligations of the parties.

6. Navigation accidents.

The approach Concept, delimitation, classes.

Maritime rescue Concept and legal nature.

the findings

The thick breakdown. Concept and delimitation.

7. Sports maritime law.

Ownership and leasing of pleasure craft.

The contract of sale of a recreational boat.

Responsibility for the ownership and use of a pleasure craft.

Learning activities


Continuous attendance at the different sessions
Personal work through the reading of the recommended texts, the realization of exercises, writing of works and personal study of contents and
procedures
Work with the teacher and other groups of students in class
Work with your research and defense group in front of other classmates and teacher

Evaluation system


The evaluation of the subject will consist of the average between the mark obtained in the exam with the continuous evaluation as long as each of them
is equal to or greater than 5 about 10.


Calculation for obtaining the reference note:


60% of the mark will be obtained from the final exam which will include test-type questions and / or some questions to be developed. A minimum grade of 5 about 10 to average the other continuous assessment grades for each quarter.


30% note of the follow-up cumulative evaluation composed of:


1.- realization of practical cases and questionnaires: previous preparation correction out of class and / or evaluation and correction in session in class. Legal research and legal terminology out-of-class preparation and correction by the teacher.

10% of the grade for attendance and attitude in classes. Lack of attendance at 20% of classes will result in the loss of this 10%


RECOVERY EXAM In case of failing the subject, only the part corresponding to the final exam can be recovered, the note of the activities developed during the course of the practical approved parts will be kept. Minimum mark of the recovery test must be 5 about 10.


A student who has not applied for the first call CANNOT apply for recovery.

 

 

 

REFERENCES


Basic

Manual of maritime navigation law. José Luis Gabaldón. Ed. Marcial Pons. 2019.

Compendium of maritime law. Ignacio Arroyo Martínez. Ed Tecnos. 2020. 

Civitas: The Maritime Law of the New Times. José Luis García Pita. Ed. Aranzadi. 2018.

Maritime Law. Yvonne Baatz. Ed. Routing. 2018

Carriage of Goods by Sea. John F. Wilson. Seventh Edition.

Complementary

http://BImco

http://Puertos del Estado

http://http://ports.gencat.cat/es/marco-juridico/

http://www.imo.org/es/About/Paginas/Default.aspx

Code of Law of Maritime and Air Navigation.

Law 14/2014, of July 24, on Maritime Navigation. BOE-A-2014-7877