Law
Bachelor	TR-NQF-HE: Level 6	QF-EHEA: First Cycle	EQF-LLL: Level 6

General course introduction information

Course Code:

HUK446

Course Name:

Maritime and Insurance Law

Course Semester:

Fall

Course Credits:

Theoretical	Practical	Credit	ECTS
6	0	6	8

Language of instruction:

Course Requisites:

Does the Course Require Work Experience?:

Type of course:

Compulsory

Course Level:

Bachelor

TR-NQF-HE:6. Master`s Degree

QF-EHEA:First Cycle

EQF-LLL:6. Master`s Degree

Mode of Delivery:

Face to face

Course Coordinator :

Dr.Öğr.Üyesi ALPASLAN KÜRŞAT TANGÜN

Course Lecturer(s):

Course Assistants:

Course Objective and Content

Course Objectives:

First part of the course is an introduction to maritime law i.e. its subject, characteristics, history and sources. The legal nature of a vessel (ship) is the main field of study of the course under which a definition of a vessel, its nature, and the means for owning it are described. Ship regis-try, ship liens and mortgages are also studied. Moreover, the individuals associated with a vessel such as the owner, captain, seamen and association of shipowners are defined and their liability pursuant to international conventions and domestic laws are determined. Second part of the course aims to provide a basic understanding of the general principles of insurance contracts. The explanations will be made under the Turkish Commercial Code.

Course Content:

To explain the notions of Maritime law and determines its sources.
To define the commercial meaning of ship
To analyse liability relations between parties.
To explain the notions of association of ship ownership,
To define insurance law institutions,
To define insurance contract and explains its terms.
To determine the scope of the insurance coverage.

Learning Outcomes

The students who have succeeded in this course;

Learning Outcomes

1 - Knowledge
Theoretical - Conceptual
1) • To explain contracts for the transfer of the ship’s operation, such as bare-boat charters and time charters.
2) • To identify and apply the liability and indemnity regime governing cargo claims.
3) • To identify and apply the liability and indemnity regime governing maritime accidents, such as collisions, general average, salvage, marine pollution and oil pollution.
4) • To define insurance contract and explains its terms.
5) • To determine the scope of the insurance coverage.
2 - Skills
Cognitive - Practical
3 - Competences
Communication and Social Competence
Learning Competence
Field Specific Competence
Competence to Work Independently and Take Responsibility

Lesson Plan

Week	Subject	Related Preparation
1)	• To explain contracts for the transfer of the ship’s operation • Maritime contracts: Bareboat Charter and Charter by Demise
2)	• To explain contracts for the transfer of the ship’s operation • Maritime contracts: Time Charter
3)	• To identify and apply the liability and indemnity regime.
4)	• Subrogation, • Liability insurance, • Subject matter of the contract
5)	• Acts and omissions of the insured • Prescription period • Compulsory liability insurance • Life insurance
6)	• To identify and apply the liability and indemnity regime governing cargo claims. • Explain the liability for damage, loss and delay • Determine the procedure for delivery of goods to the carrier • Summarise the functions of the bill of lading • Explain alternatives to bill of lading.
7)	• To identify and apply the liability and indemnity regime governing cargo claims. • Explain the main rules relating to the carrier’s liability for cargo damage and delay. • Determine the scope of liability
8)	• Summarise the basics regarding the burden of proof, notice and time bars. • Explain whether the rules in Turkish Commercial Code can be avoided by contract or otherwise (whether the Turkish rules are mandatory and if they are to what extent?) • Explain how to describe cargo in the bill of lading
9)	• Explain shipper’s guarantee liability to carrier • Explain shipper’s need for a “clean” bill of lading • Explain carrier’s liability imposed on persons other than the carrier
10)	• Explain contractual and actual carrier (the problem, entitlement to use a sub-carrier, obligations of the contractual carrier when a sub-carrier is used, the obligations of the actual carrier) • Explain liability for wrongful delivery
11)	• To identify and apply the liability and indemnity regime governing mari-time accidents • Explain the central rules on liability when only one ship is at fault, when both are to blame
12)	• Explain liability for cargo claims and for personal injury
13)	• To identify and apply the liability and indemnity regime governing mari-time accidents • Define salvage
14)	• Explain what property or interests can be subject to salvage. • Identify the right to salve. • Explain actions by the salvor which may result in loss or reduction of the salved award and special compensation.
15)	midterm exam
16)	midterm exam
17)	• To identify and apply the liability and indemnity regime governing mari-time accidents,. • Identify the general average act: the principle of common safety and the principle of common benefit.
18)	• To explain contracts for the transfer of the ship’s operation
19)	• To identify and apply the liability and indemnity regime.
20)	• To identify and apply the liability and indemnity regime governing cargo claims. • Define bills of lading and sea waybills
21)	• Explain insurance contracts
22)	• Explain insurance contracts
23)	• To identify and apply the liability and indemnity regime governing cargo claims. • Explain the liability for damage, loss and delay • Determine the procedure for delivery of goods to the carrier
24)	• Summarise the functions of the bill of lading • Explain alternatives to bill of lading.
25)	• To identify and apply the liability and indemnity regime governing cargo claims. • Explain the main rules relating to the carrier’s liability for cargo damage and delay. • Determine the scope of liability • Summarise the basics regarding the burden of proof, notice and time bars.
26)	• Explain whether the rules in Turkish Commercial Code can be avoided by contract or otherwise (whether the Turkish rules are mandatory and if they are to what extent?) • Explain how to describe cargo in the bill of lading.
27)	pratic lesson
28)	final exam
29)	final exam

Sources

Course Notes / Textbooks:	• Kender, Rayegan / Çetingil, Ergon /Yazıcıoğlu, Emine, Deniz Ticareti Hukuku Temel Bilgi-ler Cilt 1, İstanbul, XII Levha, 2014. • Sözer, Bülent, Deniz Ticareti Hukuku - I (Ders Kitabı) Giriş - Gemi - Donatan ve Navlun Sözleşmeleri, İstanbul, Vedat, 2014 • Kender, Rayegan, Türkiye’de Hususi Sigorta Hukuku, İstanbul, XII Levha, 2013.
References:	• Kender, Rayegan / Çetingil, Ergon /Yazıcıoğlu, Emine, Deniz Ticareti Hukuku Temel Bilgi-ler Cilt 1, İstanbul, XII Levha, 2014. • Sözer, Bülent, Deniz Ticareti Hukuku - I (Ders Kitabı) Giriş - Gemi - Donatan ve Navlun Sözleşmeleri, İstanbul, Vedat, 2014 • Kender, Rayegan, Türkiye’de Hususi Sigorta Hukuku, İstanbul, XII Levha, 2013.

Course-Program Learning Outcome Relationship

Learning Outcomes	1	2	3	4	5
Program Outcomes
1) List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions.
2) Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources.
3) Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice.
4) Evaluates the knowledge and skills acquired in the field of law with a critical approach.
5) Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally.
6) Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework.

Course - Learning Outcome Relationship

No Effect	1 Lowest	2 Low	3 Average	4 High	5 Highest

	Program Outcomes	Level of Contribution
1)	List the concepts and institutions related to various legal disciplines and the relationships between these concepts and institutions.	5
2)	Solves the problems encountered in the practice of law based on legislative texts, judicial decisions and scientific sources.	5
3)	Takes responsibility individually and as a team member to solve complex and unpredictable problems in legal practice.	5
4)	Evaluates the knowledge and skills acquired in the field of law with a critical approach.	5
5)	Informs the relevant people and institutions on legal issues; transfers his thoughts and suggestions for solutions to the problems in written and verbally.	5
6)	Has the infrastructure to try to ensure that concrete disputes are resolved fairly, to follow legal regulations and within this framework.	5

Learning Activity and Teaching Methods

Individual study and homework
Lesson

Assessment & Grading Methods and Criteria

Written Exam (Open-ended questions, multiple choice, true-false, matching, fill in the blanks, sequencing)

Assessment & Grading

Semester Requirements	Number of Activities	Level of Contribution
Midterms	1	% 40
Final	1	% 60
total		% 100
PERCENTAGE OF SEMESTER WORK		% 40
PERCENTAGE OF FINAL WORK		% 60
total		% 100

Workload and ECTS Credit Grading

Activities	Number of Activities	Duration (Hours)	Workload
Course Hours	3	0	0
Midterms	1	2	2
Final	1	2	2
Total Workload			4