Maritime Law in Turkey

'Maritime Law in Turkey' aims to establish the general framework on the essentials of Turkish maritime law such as 'ship', 'related persons' and 'related contracts'. Thus the 'ship' which is the main subject of maritime law, is examined in accordance with the related articles of TCC. Within this scope, the legal importance of the ship is examined through several aspects such as definition of 'ship', parts of ship, classification of ship, legal nature of ship together with its loss, and discriminating facts of ship. In addition, ship registers, acquisition-loss of ship ownership, ship mortgage and maritime liens are also examined in the book. The owner, who is surely the most important actor of maritime law, is examined in terms of the definition placed under TCC to define him and liabilities attributed to him, including limited liability. Additionally, shipping partnership, bareboat charterer, time charterer, voyage charterer, master and seamen are also examined in the book. The carrier, whose liabilities have been subject to many academic writings and legislative studies, is examined under international conventions and TCC in terms of his rights and especially his liabilities. Furthermore, some of the transport intermediaries such as freight forwarder, agency and broker, and actors from the cargo side such as shipper, consignor and consignee are also examined in the book. 'Maritime contracts' combine the main subject of maritime law, namely the ship and the main actors of maritime law. Thus, frequently used maritime contracts such as bareboat charter contract, time charter contract and contract of affreightment are examined in accordance with the related articles of TCC. Especially, contract of affreightment is examined in terms of its classification, execution and finalization. In conjunction with these contracts, maritime documents such as bill of lading and other transport documents are also examined. Lastly, special articles of TCC governing marine accidents such as general average, collision and salvage are examined in the book.(ARKA KAPAKTAN)



Content



§1. Introduction

Part I

General Overview on Maritime Law in Turkey

§2. Classification of Law of the Sea

§3. Uniformity of Maritime Law

§4. Management of Maritime Transportation

§5. Sources of Maritime Law

I. Related International Conventions and Turkish Commercial Code

II. Related Codes

III. Related By-laws and Regulations



Part II

Main Subject of Maritime Law: Ship

§6. Legal Importance of Ship

I. Definition of 'Ship'

II. Parts of Ship

III. Classification of Ship

IV. Legal Nature of Ship and Its Loss

V. Discriminating Facts of Ship

A. Name

B. Tonnage

C. Nationality

1. Right to Fly the Turkish Flag

2. Exceptions to the Right to Fly the Turkish Flag

3. Ship Certificate and Flag Certificate

4. Loss of Right to Fly the Turkish Flag

5. Penalties

6. Cabotage

D. Home Port

§7. Ship Registers

I. Turkish National Ship Register

A. Legal Characteristics of the Records

B. Registration

C. Amendment

D. Cancellation

II. Turkish International Ship Register

III. Register for Ships under Construction

IV. Home Port Log

§8. Ship Ownership

I. Acquisition of Ownership

A. Original Acquisition

1. In Terms of Registered Ships

2. In Terms of Unregistered Ships

3. In Terms of Ship Shares and Partnership Shares

B. Derivative Acquisition

1. In Terms of Registered Ships

2. In Terms of Unregistered Ships

3. In Terms of Ship Shares and Partnership Shares

II. Loss of Ownership

§9. Ship Mortgage

I. Creation

II. Types of Ship Mortgage

III. Scope of the Ship Mortgage

IV. Amount of the Secured Claim

V. Termination

§10. Maritime Liens

I. Maritime Claims

II. Property Subject to Maritime Liens

III. Scope of Security

IV. Priority of Maritime Liens

V. Assignment and Subrogation

VI. Termination



Part III

Main Actors of Turkish Maritime Law

§11. Owner

I. Definition of Owner

II. Liabilities of Owner

A. Liability for Own Acts and Omissions (TCO art.49 and art.112)

B. Liability for Servant's Acts and Omissions (TCO art.66 and art.116)

C. Liability for Seamen's and Pilots' Faults (TCC art. 1062, para.1)

D. Liability for Legal Transactions Performed by the Master (TCC art. 1103 and art. 1104)

E. Liability for General Average Contribution (TCC art. 1274)

F. Liability for Faulty Collision and Salvage Reward (TCC art. 1288 and art. 1306, para.1)

G. Liability for Marine Pollution (Code on Environment art.28; TCC art.1336)

III. Limited Liability of Owner

§12. Shipping Partnership

I. Formation

II. Management

III. Termination

§13. Charterers

§14. Master

I. Duties of the Master

II. Authorities of the Master

III. Liabilities of the Master

§15. Seamen

§16. Carrier

I. Maritime Carrier under International Conventions

II. Maritime Carrier under TCC

A. Liability for Providing Unseaworthy, Unvoyageworthy and Uncargoworthy Ship (TCC art. 1141)

B. Liability for Loading Cargo to Another Ship (TCC art. 1150)

C. Liability for Carriage of Cargo on Deck (TCC art. 1151)

D. Liability for Unlawful Deviation (TCC art. 1220)

E. Liability for Breach of Exercising Duty of Care for the Cargo (TCC art. 1178)

1. Basis of Liability

2. Examination, Notification and Time Bar

3. Exemption from Liability

4. Limitation of Liability

F. Liability for Acts and Omissions of the Actual Carrier (TCC art. 1191)

G. Rights of the Carrier

1. Right to Demand Freight

2. Right to Exercise Retention

3. Right of Recourse

§17. Transport Intermediaries

I. Freight Forwarder

II. Agency

III. Broker

§18. Cargo Interests



Part IV

Maritime Contracts and Related Documents

§19. Bareboat Charter Contract

I. Form of the Contract

II. Parties of the Contract

III. Rights and Obligations of the Parties

A. Rights and Obligations of the Leasor

B. Rights and Obligations of the Bareboat Charterer

IV. Time Bar

§20. Time Charter Contract

I. Form of the Contract

II. Parties of the Contract

III. Rights and Obligations of the Parties

A. Rights and Obligations of the A