CARRIAGE OF GOODS BY SEA:

Chair of Maritime Law and General Transport Law

Faculty of Law, University of Zagreb

Summer Semester

 

ERASMUS Course:  Carriage of Goods by Sea

 

More information on this link.

 

First meeting:

Tuesday, 17th April 2018, at 9h.

Faculty of Law

Trg Republike Hrvatske 3 (smaller building)

Lecture Hall IV, 3rd floor

 

Next meeting: 8th May, at 9h

Faculty of Law

Trg Republike Hrvatske 3 (smaller building)

Lecture Hall IV, 3rd floor

Regular class:

Every Tuesday, 8:15-12

Faculty of Law

Trg Republike Hrvatske 3 (smaller building)

Lecture Hall IV, 3rd floor

 

Starting on: 17th April 2018

Ending on: 29th May 2018

Examination period: 4th – 6th June 2018

 

Contact:

Assistant Professor Mišo Mudrić

miso.mudric@pravo.hr

 

 

More information on this link.

Chair of Maritime Law and General Transport Law

Faculty of Law, University of Zagreb

Summer Semester

 

ERASMUS Course:  Carriage of Goods by Sea

 

Having in mind that the majority of world trade is carried over seas, the basic as well as the advance knowledge of specific legal aspects of carriage of goods by sea contracts steadily becomes a necessity for every practicing lawyer involved in international trade.

Legal relationships and institutes pertinent to this field are increasingly complex due to a fusion of several independent legal constructions. Statutory and contractual rules governing the international sale of goods, statutory and contractual clauses with regard the carriage of goods by sea contracts, and statutory and contractual norms present in cargo and hull and machinery insurance policies and contracts are all intertwined in a joint maritime adventure. Responsibility and liability for damage compensation during the contract execution heavily depends, among other things, on the perplexed relationships’ network, comprising numerous individual contracts with regard the use of vessels, persons’ roles and security instruments applied.

The purpose of this course is to provide the students with a broad overview and specific insight of carriage of goods by sea legal framework. Having in mind that the field of maritime law has achieved an advantageous level of international harmonization, skills and knowledge acquired during this course will be applicable globally.

 

ECTS: 4, 30 hours of lecture

 

First meeting:

Tuesday, 17th April 2018, at 9h.

Faculty of Law

Trg Republike Hrvatske 3 (smaller building)

Lecture Hall IV, 3rd floor

Regular class:

Every Tuesday, 8:15-12

Faculty of Law

Trg Republike Hrvatske 3 (smaller building)

Lecture Hall IV, 3rd floor

 

Starting on: 17th April 2018

Ending on: 29th May 2018

Examination period: 4th – 6th June 2018

 

Contact:

Assistant Professor Mišo Mudrić

miso.mudric@pravo.hr

 

More information available at: https://www.pravo.unizg.hr/POP/en/course/cogbs

 

 

Topics covered during the course:

 

1 INTERNATIONAL SALES OF GOODS AND MARITIME TRANSPORT I: International trade and the role of shipping. International Sale of Goods under CISG. INCONTERMS and their importance for the carriage of goods by sea.

2 INTERNATIONAL SALES OF GOODS AND MARITIME TRANSPORT II: Performance of international sales of goods. Connection with the contract of carriage by sea and cargo insurance contract. Interested parties under the contract and the insured interest.

3 INTERNATIONAL SALES OF GOODS AND MARITIME TRANSPORT III: FOB, FAS and CIF contracts.

4 CARRIAGE OF GOODS BY SEA I: System of contracts for carriage of goods by sea. Charterparties (C/P) and contract of affreightment (CofA).

5 CARRIAGE OF GOODS BY SEA II: Implied obligations under the CofA: seaworthiness, reasonable dispatch, deviation, safe port, dangerous goods. Concept of frustration.

6 CHARTERPARTIES I: The voyage C/P. General overview. Obligations under the voyage C/P.

7 CHARTERPARTIES II: The time C/P. General overview. The vessel. Hire.

8 BILL OF LADING (B/L) I: Functions. B/L and third parties. Presentation of B/L.

9 BILL OF LADING (B/L) II: Legal rules governing B/L: The Hague/Visby Rules. Application, legal effect and basic provisions of Hague-Visby Rules.

10 BILL OF LADING (B/L) III: Liability of the carrier for damages to cargo under the Hague-Visby Rules.

11 BILL OF LADING (B/L) IV: Legal rules governing B/L: The Hamburg Rules. Problem of applicable law.

12 BILL OF LADING (B/L) V: B/L issued under C/P: differentiating between the charterer and third-party shipper. Shipowner’s recourse against charterer.

13 PERFORMANCE OF CARRIAGE: Loading, Deviation and Delivery Delay. Laytime and Demurrage

14 Direct and Multimodal Transport

15 Jurisdiction and applicable law

 

 

After successfully completing the course, students will be able to:

 

Knowledge and understanding

- understand international maritime trade and commerce practices and law

- understand the importance of carriage of goods by sea for international trade

- distinguish between several crucial contracts for the performance of international trade: international sales of goods, carriage of goods and cargo insurance

- understand rights and obligations under those contracts

- understand the interests of different parties to those contracts and identify their rights and obligations under the contracts

- understand the concept of different contracts involved in carriage of goods, specifically with respect to liability for damages to cargo carried.

 

Application

- identify normative regime applicable to contracts for international sales of goods and carriage of goods by sea, with special focus to distinguishing between international and national legal instruments

- identify the remedies of maritime law and commerce in litigation concerning indemnity for damages to the cargo

- find appropriate legal solution to simple practical cases involving carriage of goods by sea and related issues

- identify applicable law and court seized of the case.

 

Analysis

- demonstrate the understanding of legal issues in carriage of goods by sea contracts;

- analyze the meaning of individual legal norm and its scope and successfully apply it to the practical case

- understand the meaning and content of transport documents, specifically Bill of Lading

- differentiate between concurring legal instruments governing B/L and the liability of the carrier for damages

- differentiate between rights and obligations under charterparties and contracts of affreightment, as well as between different charterparties.

 

Synthesis

- establish the system of legal norms governing international trade, especially sales and carriage of goods by sea

- understand the hierarchy of international and national legal instruments and the relation between different concurring international legal instruments

- understand the instruments of maritime law within the economic context in which international trade is conducted.

 

Evaluation

- successfully make the choice of law and decide on the court seized of the case in particular case involving carriage of goods by sea

- differentiate between different contracts of carriage by sea and rights and obligations under them

- understand the rights arising from transport documents, especially B/L

- identify key legal instruments concerning carriage of goods by sea at national and international level

- identify the applicable legal norm to a particular case involving international sale of goods and carriage of goods by sea

- solve a basic practical case and defend the rights of the parties under the contract

- express themselves in a clear, well-structured text, explaining their standpoints;

- demonstrated acquired communication skills

- demonstrate acquired legal logic

- demonstrate the ability of independent professional work.

 

 

Basic literature:

 

  1. Carriage of goods by sea, land and air: unimodal and multimodal transport in the 21st century / edited by Baris Soyer and Andrew Tettenborn, Informa law, New York, 2014 (selected chapters)
  2. Course materials to be made available to students during the course

 

News list
Carriage of Goods by Sea
Study: Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
Code: 159425
ECTS: 4.0
Course coordinators: prof. dr. sc. Nikoleta Radionov
prof. dr. sc. Jasenko Marin
Lecturers: izv. prof. dr. sc. Mišo Mudrić - Lectures
doc. dr. sc. Iva Savić - Lectures
Exam dates:
  • 24. 01. 2022.
  • 07. 02. 2022.
  • 18. 04. 2022.
  • 31. 05. 2022.
  • 27. 06. 2022.
  • 11. 07. 2022.
  • 29. 08. 2022.
  • 12. 09. 2022.
Exam registration: Studomat
Basic data
Carriage of Goods by Sea Civil Law - 9. semester
Commercial Law - 9. semester
Constitutional-Administrative - 9. semester
Criminal Law - 9. semester
International Law - 9. semester
The European Union Law - 9. semester
4.0 159425
Lecturer in charge Consultations Location
prof. dr. sc. Nikoleta Radionov

Tuesday, 14-15 pm, TRH3, 22/1
 

Trg Republike Hrvatske 3, room 22/I.
prof. dr. sc. Jasenko Marin

Tuesday, 14-15 pm

Trg Republike Hrvatske 3, room 12
Lecturer Consultations Location
izv. prof. dr. sc. Mišo Mudrić (Lectures)

Tuesday, 14h

Trg Republike Hrvatske 3, room 304
doc. dr. sc. Iva Savić (Lectures)

Thursday, 1.00-2.00 pm

Trg Republike Hrvatske 3, room 24/I
Literature
Baris Soyer, Andrew Tettenborn; Carriage of Goods by Sea, Land and Air; CRC Press (2013), str. [object Object]
- to be made available to students during the course; Course Materials;
Description
Having in mind that the majority of international trade is being conducted by sea lanes, the study of specific legal relations contained in the carriage of goods by sea contracts are a necessity for all lawyers that encounter the aspect of international trade in their daily operations. The legal relations in this field are complex as they represent a fusion of rules contained in the international sale and purcahse contracts, rules contained in the carriage of goods by sea contracts, and rules contained in the insurance of goods carried by sea contracts. Damage liability resulting from the execution of these contracts also depends on the complex relations' network arising out of different types of charter contracts. A detailed examination of these relations represents a necessary step for all students who wish to broaden their understanding of international trade.
Exam dates
24. 01. 2022.
07. 02. 2022.
18. 04. 2022.
31. 05. 2022.
27. 06. 2022.
11. 07. 2022.
29. 08. 2022.
12. 09. 2022.