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Show knowledge of the organization of maritime, land, air and multimodal transporte, customs management and international trade in order to manage and / or contract transporte
Show knowledge of the ship and its recruitment for use as a means of transporte for both goods and people, in an environment of sustainability and respect for the environment
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 transporte sector, are aspects addressed by the agenda that will conclude with references to the specialties of maritime rescue and insurance.
This subject has methodological and digital resources to make possible its continuity in non-contact mode in the case of being necessary for reasons related to the Covid-19. In this way, the achievement of the same knowledge and skills that are specified in this teaching plan will be ensured.
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.
Apply knowledge about law and its implications in the maritime field. In particular, on the law of contracts with economic relations.
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.
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.
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.
1. CONCEPT, CHARACTERISTICS AND SOURCES
Maritime navigation law concept and fonts.
The use of the sea and the purpose of navigation.
The spaces of maritime navigation.
Sources of commercial maritime law. Mercantile maritime uses. Characteristics of maritime law.
2. The Administrative Management of Navigation.
Maritime management. Concept and organs. Objectives and competencies of the general state administration.
Maritime competences of the autonomous communities.
The spaces of navigation.
Navigation by the territorial sea.
Navigation through the exclusive economic zone.
Sailing on the high seas.
3. Legal Statute of the Ship.
Ship concept in international maritime law.
Ship concept in Spanish domestic law.
The Spanish ship registration system, basis and legal regime.
Structure, and purpose; content, procedure and effects of registration.
The ship as an object of real rights.
Privileged maritime loans, naval mortgage.
4. The contracts for the use and operation of the ship.
The charter contract for travel and time.
Concept, elements and legal regime.
The contract for the maritime transporte of goods under the bill of lading regime.
5. Maritime Insurance.
Introduction, characteristics, legal regime, types of maritime 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 big breakdown. Concept and delimitation.
7. Sports maritime law.
Ownership and lease of pleasure boats.
The contract of sale of a pleasure boat.
Responsibility for the ownership and use of a recreational craft.
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
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
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.
2.- work in information research group regarding a monographic topic or seminars. Work done by students out of class and defended orally in class session.
10% of the grade for attendance and attitude in classes.
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.
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