Lecture 1 maritime

The law of the sea.

It is possible to classify the law of the sea; maritime public law, maritime private law, in
accordance with the classical distinction derived from Roman law.This distinction makes it
easier to determine the place of maritime law.

Scientific basis of the distinction between public and private law is controversial. It is not
possible to clearly state that the maritime of law is in the field of public or private law.

Its basis are very poor legally. However, this distinction has been widely accepted and
established due to its benefits, especially in terms of the division of labor and pedagogy.

Maritime public law refers to all maritime public law. These rules and subjects they reflect
maritime public law is divided into many branches. For example, international law of the sea,
maritime administration law, maritime criminal law, maritime procedural and proceeding law,
maritime social law, maritime economic law, and so on.

What is the meaning of international law of the sea?

It refers to all the rules regulating the maritime relations of states in peace and war or what is
the framework of international law.

Rights and obligations of states in territorial seas, contiguous zone, exclusive economic zone,
continental shelf and high seas, substantive control, active foreign force, actions to defend
against enemies such as enemy ships and neutral ships can be covered in law, right of rights
can be captured at sea, and issues such as confiscation, embargo and blockade all things
called international law of the sea.

Maritime administration law is all the rules established by a state to ensure foreign at sea,
establish maritime safety and protect public interests, but also these rules in professional life,
property and life is ensured at sea.

Maritime criminal law is a set of rules regarding crimes committed by acting contrary to the
rules of the law of the sea and penalties to be imposed for these crimes.

Maritime procedural and proceeding law refers to the whole community procedural and
proceeding law rules applied on maritime disputes. Determination of competent courts in
maritime disputes, enforcement at sea, arrest and seizure of ships, forced sale of ships for
closure of maritime limits, obtaining a sea protest, according to the general public statement
and objective to report on some matters put in the scope of the procedural and proceeding
law.

We can mention from maritime social law issues such as regulation of war at sea, social and
health conditions required in any maritime protests, ensuring occupational safety, social
rights, social security rights of seafarers, the care and reputation of seafarers in case of illness
and abandonment under principle of law. This is what exercising the right of strike and
lockout are called by this branch of law.

Nowadays we are mentioning from maritime economic law provisions regarding the
activities at sea, issues such as economic protection of shipowners and shipyard owners,
incentives for the development of the maritime merchant fleet, and increasing
competitiveness restrictions on exports and imports of ships, taxation of profits from
maritime trade activities. Some provisions such as port, oil and lighthouse taxes, pilotage and
towage. The definition of these received from the maritime activities are put in the scope of
law of peaceful people.

Now we are on maritime private law. Maritime private law in its broadest sense refers to all
maritime private law rules. Maritime private law can be divided into some sections such as
maritime civil law, international maritime private law, maritime legal law and maritime law.

Maritime law is a section of maritime private law. Maritime law is a whole set of special and
exceptional rules regarding trade at sea or by sea. Maritime trade law can also be defined as
the rules that regulate private legal relations with the pro-maritime trade. I repeat, maritime
law is a section of maritime private law.

Second main view, according to one view, maritime law is a branch of navigation law. It is a
private law of navigation by ship at sea.

Third main view is that maritime law is a branch of commercial law. Maritime law, or all the
exceptional provisions of commercial law, is based on the following rules. One, as seen in the
legal systems of many states, most of the provisions regarding maritime trade and maritime
law constitute a part of commercial laws. Provisions regarding maritime trade are mainly a
part of commercial law.

All transactions and acts that constitute a commercial enterprise and matters regulated in this
law are considered commercial transactions. The background of all the issues including
maritime trade, in the book of Turkish commercial code, are in the nature of commercial
affairs. For example, typical businesses such as renting ships, transporting cargo and goods
by sea, making and concluding two-charter contracts, registering ships, transferring ship
ownership or establishing an ownership. Issues of employment as a negotiating instrument
are all commercial affairs.

Maritime law is a special field. Sui generis, provisions on maritime trade generally constitute
an exception to the rules of land trade law. However, this is not a justification for considering
maritime law independently of commercial law. In interpreting the maritime trade rules and
playing in the gaps, it is necessary to first refer to the concepts and rules of commercial law.
Also, the provisions regarding merchants and commercial transactions are mostly applied to
maritime trade issues with exception of particular provisions.

What is the right of assessment?

There is some likeness in those rules. However, in general, the view that maritime law is a
branch of law of sea is more accurate. In terms of its essential nature, maritime law is the
private law of maritime trade and includes many rules regarding maritime mediation.

Today, it is not possible to limit maritime trade only to maritime mediation. Maritime trade
activities are increasingly diversifying and global. Maritime law includes many different
rules, including rules with regard to navigation options.

On the other hand, it is not easy to talk about a navigation law that has gained its
independence. This view is outdated. The scope and limits of the navigation law have not
been determined.

Many issues, such as ship legislation, ship ownership, maritime law have been elevated. All
these things, which essentially constitute the law of obligations, the law of property, and the
law of commercial papers, cannot be explained only with this concept of navigation. There is
no doubt that maritime law is a part of commercial law.

First of all, in other commercial laws of many states, the provisions regarding maritime trade
in Turkish positive law are essentially regulated in the fifth law of Turkish commercial law.
Many other laws containing commercial provisions also include rules regarding maritime
trade.

According to Article 3 of Turkish commercial law, matters relating to maritime trade in this
law are of the nature of commercial affairs. Likewise, according to Article 1 of Turkish
commercial law, the provisions regarding maritime trade of this law are commercial
provisions. We assume that these are the topics.

In addition, within the framework of articles, engage in maritime trade, and the persons who
operate them are directly within this law of commercial law.

The concept of the law of the sea, in its broader sense, contributes to the determination of
maritime law in the legal system. Accordingly, it is possible to classify the law of the sea as
maritime public law and maritime private law. Thanks to the distinction between public law
and private law, the distinction between maritime law and other branch law is better
understood.

Maritime trade laws do not only contain provisions that fall within the field of private law.
For example, Turkish commercial law contracts and rules that have a public law character
regarding the right to collect and collect key registry (15.20) and enforcement.

Without sufficient knowledge about other branches of the law, it is not possible to correctly
understand, interpret, and apply the concepts and institutions specific to maritime law.

History Of Maritime Law

Now, regarding the history of maritime law. Like most branches of law, maritime law was the
first law in the form of customary law. The customary law stage continued throughout the
Antiquity and the Middle Ages.

There were no written rules of maritime law in the ancient ages. Some of the rules that
emerged in the form of customary law have survived to the present day through Greek and
Roman law. Examples of these rules are the general carriage rule, the right of the shipowner
or the captain on his behalf for the loss or damage of goods delivered to him, maritime law,
and the right of action on the liability of the shipowner for the loss of transactions taken by
the captain.

Since the 17th century, with the strengthening of the central states in Europe, studies on
limitation of the law have become a national issue and qualifications gained momentum.
Qualitifications happened in France, Germany, England, and the United States of America
have affected the whole world.

The first law regarding maritime trade and pirates during the Ottoman Empire was the
Maritime Trade Law, dated 1864. The Maritime Trade Law dated 1864, Book 2 of the French
Commercial Code dated 18 October was prepared based on the translation of this law.

After the propagation of the Republic, Commercial Code No. dated 1926 was adopted.
However, the law did not include provisions regarding maritime trade.

Since the maritime trade law dated 1864 did not meet the needs, the second law titled
Maritime Trade was added to the Commercial Code No. 865 with the local law No. 14 dated
1929.

Book 2 was adapted from Book 4 of the German Commercial Code of 1897, which deals
with maritime trade.

The provisions regarding the maritime trade law No. 6762 of the Turkish Commercial Code
were also for denied 19.20 at the times and have become unable to meet the requirements.

In order to respond to the needs of Turkish maritime law, to comply with the provisions of
contemporary international conventions, it has become necessary to revive the maritime trade
provisions. For this purpose, a scientific commission was established under the Ministry of
Justice on December 8, 1999. ( hoca was a member of the commission.)

A new draft of the Turkish Commercial Code prepared by the commission as a result of its
more than five years of work became law on January 13, 2011. The Turkish Commercial
Code dated 13 July 2011 and numbered 6102 entered into force on July 1, 2012 and No. 6762
of the Turkish Commercial Code was abolished as a result of the same date.

In addition to law on the entry into force and implementation of the Turkish Commercial
Code, Law No. 61 and No. 43 dated January 15, 2011 was adopted in brief implementation
law.

What is the importance of July 1?

July 1 is important for maritime. This day is Maritime and Cabotage Day.

Maritime law is a branch of law that has its own rules and institutions that are uncommon in
other fields of law and are very different from generally different provisions. Its origins are
based on maritime customs and traditions. It has an independent course of development.

It is generally not possible to explain the nature of the main rules and institutions regarding
maritime control and general provisions. For example, the nature of the main original rules
and institutions, such as the Limited Liability of Ocean Border, the Shipping Partnership, the
Master's Special Presentation of General Coverage and Maritime Ends cannot be explained
by general provisions. The fact that maritime law is a unique branch of law is based on the
characteristics of sea voyages and maritime trade.

There are main reasons that make maritime law unique;

One, the magnitude of the dangers of the sea.

Two, the size of capital allocated to maritime trade.
Three, development in maritime transportation techniques.
Four, severe consequences of marine accidents.
Five, substitution of importance of maritime trade.
Six, sea and maritime navigation are of great use. The dangers and risks at sea are much
higher than those of voyage by road or rail. For this reason, many rules have been created to
ensure safety at sea.

These rules are constantly being developed. A ship in navigation or moving in port or at
anchorage is continuously exposed to the dangers of the sea. These dangers may arise from
sea water, weather conditions, war at sea, blockades, and the possibility of capture or
confiscation of this ship. Ill-treatment by foreign authorities is very common, For maritime
accidents, dangers, and harmful potential to cargo carrying. ETC.

The construction, equipment of a ship, obtaining its certification, and general management,
each ready for the voyage, require significant capital and expense. Many examples are
profitable. Likewise, the economic value of cargo transported by ship can reach relatively
high figures.

Nowadays, it is almost impossible for ship owners to carry out maritime trade activities with
their resources without using loans. Likewise, it is also not possible to operate a ship without
insurance. Significant developments are taking place in the capability of transporting cargo
and passengers by sea.

The technical and economic developments that have occurred since the 19th century have
inevitably affected maritime law. Sailing ships were replaced by steam-powered mechanical
ships, and with the invention of the propeller, petrol-oil ships vanished. Later, internal
combustion engines began to be used on ships. Improved shipbuilding techniques have
enabled the construction of massive and long ships. Today, ships longer than 300 meters and
larger than 200,000 gross tons can be built. With the increasing interest in cruise voyages in
recent years, cruise ships with the capacity to carry more than 3,000 passengers are being
constructed.
In addition, the number of ships of various types and with sophisticated technology being
built depending on the technical qualities of the goods transported is constantly increasing.
Examples of these include tankers carrying oil, LPG-defied petroleum gas, LNG-defied
natural gas, chemical tankers, ships carrying nuclear materials, and container ships. The
expansion of the military volume has led shipbuilders to operate their ships more profitably.

Shipbuilders prefer to manage the ship's voyage from a center rather than from the ship.
Instead of carrying out the voyage personally, shipbuilders begin to employ the captain as a
seafarer. It is one of the reasons why the captain has strong legal powers of representation.

The possibility for safer and faster navigation of ships led to the development of regular mail
services. Individual, irregular and random voyages have decreased, and voyages connected
to regular lines have increased. Wide increase in the size of ships, instead of keeping or
renting the entire ship, contacts of a cage of goods, in which goods belonging to more than
one person are transported on a single ship.

Having them to be used frequently, the documents given in return for the transported goods
gave rise to the need of bill of lading as a negotiable instrument. These developments helped
the wave of the emergence of today's freight contracts, chartered parties, and overseas sailing
contracts. The intensification of maritime trafficking has led to an increase in maritime
accidents.

Maritime accidents, especially those involving large volume ships carrying dangerous
materials, especially oil, cause environmental disasters as frightening waves. In many cases,
the more the negative consequences of marine pollution and destroying the environment is
either very difficult or impossible. The many incidents involving the oil tanker spill Torrey
Canyon on 18 March 1967 constitute a turning point in the international trade dialogue.

What is the Torrey Canyon case?

SS Torrey Canyon, which was sailing towards the Midport Head Port in Wales, England, with
a cargo of 120,000 tonnes of crude oil, struck the ropes and broke into three parts, and almost
all of the crude oil slipped into the sea. As a result of the incident, coast of England and
France repression were exposed to a significant environmental pollution. Following the
Torrey Canyon disaster, an number of international conventions were adopted, and various
decisions and calls were adopted in coordination with the International Maritime
Organization, including IMO, regarding the prevention of marine pollution and regulating the
principles of legal liability due to pollution.

We can give examples of these conventions;

1, the international convention in civil liability for marine pollution damage in 1969.

2, the international convention relating to intervention on ICS in case of oil pollution

casualties in 1969.
3, the international convention on the establishment of an international fund for compensation
for oil pollution damage in 1971.

4, the international convention for the prevention of pollution from ships in 1973 in Brave
Marlborough. These conventions are very popular in maritime law.

Another consequence of the Torrey Canyon disaster was the establishment of the IMO legal
committee.

Maritime trade is a sector of strategic importance. All over the world, states are also leading
in maritime. States permanently confront maritime trade, mainly due to its military and
economic significance, and intervene when they need necessarily.

Maritime trade is one of the essential basis of the economies of states; in case of war,
merchant ships can be converted into warships or used for logistics purposes. Likewise,
seafarers can be employed as military personnel. Therefore, special rules have been
established for the robust protection of seafarers, such as the obligation to register ships, the
right and duty to fly with flag, and to rescue all people and ships in danger at sea.

Maritime law has had a stable and conservative character with respect of its historical
development. Initially, it emerged as a customary practice, and later on, it was able to
maintain its existence for a long time with minor changes. Maritime law has been affected
little by social and political changes. However, maritime law is adapted to those its
conservative structure in the second half of the 19th century.

Economic developments in economics, science, and technology from the end of the 19th
century have had a significant impact on maritime trade. Fundamental changes and
developments in social and political life have subtracted this effect. Maritine trade rules have
begun to qualify at the international level.

In addition, many international conventions and decisions containing new rules have been
adopted to eliminate the negative consequences of quickly increasing maritime participation
cases and accidents; many pollutian, terrorism, and piracy are seen. These studies continue
intensively, but today's maritime law has occurred due to the dynamic and rapid
developments of such.

Maritime law has inherently an international character. The nature of maritime trade
activities, the requirements of maritime management and economy, and maritime
transportation techniques are either the same or very similar all over the world. It has led to
the creation of the same or similar principles and rules in international communities for a
time.

Today, within the framework of the aim of achieving uniformity in international maritime
law, the workings of the adoption of international conventions continue rapidly. It has indeed
occurred to make some explanations about the methods of achieving unification at the
international level. But, international conventions have a particular importance in maritime
law.The adoption of international agreements is one of the contributions most to achieving
the goal of uniformity. International conventions are also an essential source of inspiration for
national laws, particularly Türkiye; it is classically examined.

Since the creation of maritime law, it has been observed that most of the developed maritime
states have been quartered by other states, either exactly or with some changes. While
preparing the maritime trade laws, states are inspired by laws of other states, which they think
are contemporary and responsive to quartered conditions as well as international conventions.

Many states adapted French, German, and British maritime law. For example, the German
commercial code, dated 1897, was taken as a precedent by many states, including Japan and
Turkey. The German law, amended in 1937, was drawn on the preparation of the provisions
regarding maritime trade of the number 6762 Turkish commercial code. However, the
provisions regarding maritime trade of number 6762 Turkish commercial code, in the
previous commercial code, have been complemented by institutions and provisions of Anglo-
Saxon law.

In particular, the provisions of the International Convention for the Implementation of

Certain Rules of Law relating to Peace, dated 1924, in the Hague Rules, were adapted and
included in this code. German law had a significant influence on the preparation of Turkish
Commercial Law.

From the second half of the 19th century, international organizations began to be formed in
order to achieve unification in maritime law. Efforts by intergovernmental and non-
governmental organizations to ensure unification are great. As a result of their continuous and
regular workings, international organizations generally either write draft acts of any
international conventions or create the general transaction conditions to apply within the
relevant parties with their consent.

In addition, they contribute to the close follow-up developments in maritime law through
international meetings and conferences they organize periodically. There are many
intergovernmental organizations' roles in the field of maritime trade. For example, the most
popular IMO, United Nations Commission on International Trade Law, United Nations
Conference on Trade and Development, International Labour Organization, Organization for
Economic Cooperation and Development, and European Union.

Among all these organizations, IMO has a special place and importance. IMO is an
international organization established on 6 March 1948 to ensure maritime safety and prevent
marine pollution and global scale.

IMO headquartered in London is a specialized agency of the United Nations that deals
exclusively with maritime issues. Turkey is among the founding states of IMO. I have
attended many meetings at IMO. 175 states are members of IMO. IMO is a successful and
effective organization since its establishment. It has adopted more than 50 conventions and
protocols as well as many codes and resolutions.

IMO works not only on maritime safety and marine pollution but also on maritime trade and
maritime security. IMO has a trust of an assembly, a council, and five main committees. The
maritime security committee is the most important committee,“MSC”, the marine
environment commission committee, the legal committee, the technical cooperation and
facilitation committee, and a number of subcommittees support the role of the main technical
committees.

There are many non-governmental organizations regarding maritime trade. The International
Law Association, the Continental International, the International Chamber of Trade and the
International Chamber of Commerce are examples of some prominent non-governmental
organizations.

The Sources Of Maritime Law

Now, what are the sources of maritime law?

First, of course, international conventions. İsmail Demir likes very much international
conventions. International conventions are an important source of maritime law because they
are based mainly on customary law, reflect consensus between states and are one of the most
important methods of unifying law.

There are many international conventions on maritime law.

Second source, laws and statutory agreements. Some laws and statutory agreements on
maritime trade.

The most important source of Turkish maritime law is Turkish commercial code. The
provisions regarding maritime trade or Turkish commercial code are included in the fifth
book titled Maritime Trade. The Maritime Trade book consists of a total of 470 articles in
eight parts.
The parts are divided into sections within themselves. The Maritime Trade book forms
approximately one third of Turkish commercial code. The following are the parts of the
version's main book;

Part one is ship.

Part two, shipholder and shipping partnership.
Part three, master.
Part four, maritime contracts.
Part five, maritime accidents.
Part six, maritime rights.
Part seven, limitation of liability and compensation of oil pollution damage.
Part eight, special provisions regarding enforcement.

The most important feature of the Maritime Trade book is its compliance with the relative
international conventions. While drafting the Turkish commercial code, on the one hand,
existing institutions and provisions were renewed. On the other hand, modern institutions and
provisions were added. Outdated provisions were eliminated and institutions that were no
longer functional were not included in Turkish commercial code. A large number of
compilation provisions of the previous Turkish commercial code, mainly taken from the
German law, have been reformulated and all of it will have been placed into a scientific
system.

One of the innovations of Turkish commercial code is that the maritime specialized codes
regulated in part three, article four of previous Turkish commercial code, have been abolished
and replaced by special provisions about determination of the competent code in maritime
trade actions.

In the article five of the Turkish commercial code, I advise you read at one thing a paragraph
of my Turkish commercial code.

Other related laws and statutory decrees regarding maritime trade are the following, for
example, dual bond entry into force and implementation of Turkish commercial code, law
number 6103, dated 2011.

In brief, implementation law, Turkish civil code, Turkish code of obligations, environmental
law is very important law Many times they will go, but it's outdated. Unfortunately, it's very
old. The law on principles of response and compensation for damages facing pollution of
many environmental oil and other harmful substances, law number 5312.

Law on the protection of life and property at sea, law on the development of diversionary
marine fleet and the promotion of ship building facilities, harbors law, coastal law, law of the
interior sea, the customs law, so on.

Article 150, titled by laws of the Constitution of Turkey, law number 2709, dated 1982, has
been repealed by article 60 paragraph E of law number 76. Article 6771, amendments to the
Constitution of the Republic of Turkey, dated 2017.

Thus, in accordance with article 80 paragraph A of the same law, it is no longer possible to
produce any by-law as of 24 June 2018. The current presidential government system came
into force. There is no longer by-laws in Turkish law.

However, of course, the current by-laws are valid until new regulation is made or repealed.
Some by-laws are the following;
The by-law on the prevention of pollution at sea,
The by-law on the sanitary safety of passengers on ships,
The by-law on the admissibility and judicial duties of the cause of the government.

There are a lot of regulations regarding maritime trade. You can find all of them on the
Ministry of Transportation and Infrastructure website.

WEEK 2
In the maritime, trade blitz and increased repopulativeness, states preserved the right to
cabotage to their nationals and private borrowers from benefiting from this right. Of course,
in Turkiye, it became possible to abolish the capitulations and regulate the cabotage l right
after the proclamation of the republic. The cabotage rights obtained after the Lausanne Peace
Treaty is a result of the extra-government efforts of the Turkish nation.
In Turkish law, the cabotage rights for monopolies set right in the law on maritime
transportation, on Turkish coasts and the execution of provision and commerce on harbors
and territorial seas, law number 850, dated 18 April 1926, in the name of cabotage law. The
cabotage law regulates the privatization of this right by restricting it to ships that have the
right to fly the Turkish flag and persons of Turkish nationality.
Cabotage right is a monopoly right since it is given only people of Turkish nationality.
Under the cabotage law, carrying goods and passengers from one point of the Turkish coast to
another and carrying out towage and pilotage within or between harbors on the coast and all
post services of any nature are exclusive to ships and vehicles flying the Turkish flag.
Although it is mentioned from Turkish coast in its cabotage law, it should be accepted that the
same or similar services carried out in other waters, such as navigable lakes and rivers, can
only be carried out by ships or vehicles flying the Turkish flag.
As a matter of fact, article 2 of the cabotage law clearly refers to activities in rivers, lakes,
and Marmara basin. According to article 1 of the cabotage law, it is not within the scope of
the cabotage monopoly for foreign collect ships to transport passengers and cargo from
foreign countries to Turkish ports or to pick up passengers and cargo dispatched for foreign
harbors or ports through Turkish harbors.
Carrying goods and passengers from one point of the Turkish coast to another and carrying
out towage and pilotage within or between harbors on the coast and all post services of any
nature are exclusive to ships and vehicles flying the Turkish flag.
According to cabotage law, it is not within the scope of the cabotage right for foreign country
ships to transport passengers and cargo from foreign countries to Turkish harbors or to pick
up passengers and cargo dispatched from foreign harbors from Turkish harbors.
Under the cabotage law, almost all activities conducted with ships and watercraft can only be
done by Turkish citizens.
The right to trade by means of navigation, transportation is exclusive to persons of Turkish
nationality. Persons who can benefit from the right to cabotage are natural persons who are
Turkish citizens and living entities of Turkish nationality. The law calls those activities are
relative and comprehensive.
Cabotage monopoly is one of the most important concepts of maritime trade law. You have to
know the concept of cabotage rights very well. – We migth have a question in exam -
Cabotage law lists the professional activities such as the exploration of sea resources, fishery,
export of sand, disposal of abandoned ships, towage, and high official people of Turkish
nationality can carry out in great deal and without leaving any gaps. The activities listed in
article 3 of the cabotage law are entirely related to the maritime professions. In the carrying
out fishing activities within territorial seas, extracting living or non-living marine resources,
providing salvage, rescue and pilotage activities in ports and piers, wrecks, and all similar
maritime services can only be provided by persons of Turkish nationality.
The activities specified in the cabotage law must be carried out in return for an economic
benefit. Activities that do not aim to provide a financial benefit are excluded from the
cabotage monopoly. Of course, there are some exceptions regarding the cabotage
monopoly.
According to article 4 of the cabotage law, the president may also, the operation of foreign
salvage and rescue ships and the abortion of foreign experts and seaperson of Turkish
flagships, Turkish salvage and rescue ships, provided that it is temporary and does not grant
any rights. Actually, the exception is a critical requirement.
The second exception is on oil exploration and production activities. In article 3 of the
cabotage law, it is stated that foreigners who own oil rights can also carry out oil exploration
and production activities within Turkish territorial seas. In addition, according to article 4 of
the law, the president may authorize the operation of foreign flag seawasses using oil
exploration and production activities, provided that it is temporary and does not provide any
rights.
The second exception is on the removal of watercraft for non-commercial or sporting
purposes. Article 39 of the fisheries law specifies that the prohibitions in article 3 of the
cabotage law are not valid for tourists. We behave in accordance with clause 7 of article 3 of
the fisheries law.
The last exception is about the activities of many tourism vegas. According to article 29 of
the law, for the incentive of tourism, private yachts with foreign flags for excursion, sports
and entertainment proposals can stay in Turkey for up to 5 years for excursion, maintenance,
repair, sledging or wintering. According to article 3 of the city law, many tourism vegas
means private yachts belonging to natural and legal entities engaging tourism activities for
excursion, sports and entertainment proposals in seas and inland waters and commercial
yachts, cruise ships, day trip boats, submersible marine vehicles and other marine tourism
vehicles that have documents issued by the Ministry of Transportation and Infrastructure as a
basis of their commercial activities.
Article 29 of this law provides an exact exception to the cabotage law. Here under foreign
flagged commercial yachts which are counseled by the Ministry of Contribution to the
country's tourism and promotion and are over 39 meters in length may be allowed to operate
in Turkish territorial seas and sail temporarily in some conditions in particular in exchange
for a specific contribution by the Ministry of Culture and Tourism.
What is the meaning of nationality?
Although the cabotage law reserves the cabotage monopoly to persons of Turkish citizens,
the persons of Turkish nationality, it doesn't clarify how Turkish nationality will be
determined. Due to the legal, economic and social conditions of the period it may have been
unnecessary to produce detailed provisions regarding nationality. Of course, however, radical
changes and developments in law and economy in time have put forward the issue of how
nationality will be determined. Determination of nationality is not a problem for real persons.
It is important to state that a real person is a nation alone.
However, determining nationality for the entities is an essential problem because they have
different legal structures and qualifications. In this sense, there is a legal gap in the cabotage
law. Article 940 of Turkish Convention Code parallel to Article 823 of the previous Turkish
Convention Code but in a more flexible and detailed way regulates which ships are Turkish
ships and can apply the Turkish flag in terms of natural and legal entities.
Due to the inadequacy of the provisions of the cabotage law and the absence of any other
provision regarding the determination of nationality in the legislation, Article 940 provisions
of the Turkish Commercial Code should be taken as a basis in terms of characteristic law. I
will explain in detail this Article 940 of Turkish Commercial Code later lessons. It's a very,
very important provision, Article 940. You have to learn the provision of Article 940 of
Commercial Code.
As a matter of fact, Article 7 of the Turkish International Ship Registry – Ismail Demir will
teach you this registry-. Points of the necessity of the connection between 940 and the
cabotage law. This interpretation is generally accepted and settled in practice. The practice of
the Ministry of Transportation and Infrastructure are in this direction. Under Article 5 of the
cabotage law, in case of infringement of Article 1, administrative fines ranging from 1,000
Turkish Liras to 25,000 Turkish Liras shall be imposed on the captains of ships that conduct
cabotage within Turkish ports and owners of sea vessels belonging to foreigners. The issues
relating the concept of cabotage rights are those.
Our topic is ship. What is a ship?
A ship is a legal concept, actually. It can be a machine carrying freight on the seas. The
concept of ships is actually a legal term. Of course, you know the ship or vessel or watercraft.
A ship is one of the essential and central concepts of maritime law. Maritime trade can only
be carried out with ships. A ship, just as a commercial enterprise in land trade law, we know
commercial enterprise. Commercial enterprise is on the central land trade law. A ship is a
vehicle through which trade is carried out.
Undoubtedly, the ship itself is not a commercial enterprise. But it constitutes one of the assets
included in the commercial enterprise. A ship is a legal concept. Whether or not a watercraft
is a ship has effects and consequences. It is not possible nor necessary to make a general
definition of acceptable and valid for all branches of law. By nature, the purpose and scope of
each legal regulation are different from each other. For example, it is not an abnormal
situation for the definition of ship in an international convention or any law that aims to
ensure safety and security at sea or to regulate the social rights of seafarers to be different
from the definition of ship in a law that seeks to regulate maritime trade relations within the
framework of private law.
Therefore, many different ship definitions can be found in both international conventions and
national laws and subordinate regulatory procedures. In Turkish law, the definition of ship is
included in some laws and many regulations, especially in Turkish commercial code. Apart
from Turkish commercial code, ship definitions made in law on Turkish international ship
registry and the law on the protection of life and property at sea are remarkable.
Alright, what is the definition of ship?
The determination of which watercraft is qualified as the ship is directly related to the
application of the 5th book of Turkish commercial code titled, maritime trade of Turkish
commercial code.
As a rule, the provisions of the 5th book will apply to a watercraft in the name of a ship,
while other watercraft would not be subject to the provisions of this book. Paragraph of
article 931 of Turkish commercial code defines a ship as follows.
İsmail demir is reading the definition of ship. It is a very, very important definition.
Any craft that has the ability to flow and is not very small, to purpose for which it is allocated
requires it to move in water, not sea, water. Even if it cannot move on its own, does not have
set propulsion, is considered a ship under this law.
The definition of the ship is based on the definition provided in paragraph 1, article 816 of
the previous Turkish commercial code, but it has a broader meaning. Developments in
economic life and technology have required the expansion of the definition of a ship.
By the definition in article 816 of the previous Turkish commercial code, which refers to
movements at sea, the term movement on water has been preferred. Additionally, the term
how has been replaced with crafts. It is a very important difference. Thus, many watercrafts
that were not previously considered ships now occur the nature of ships and the scope of
application of the maritime trade book of the Turkish commercial code is expanded.
During the preparation of the Turkish commercial code, as in the preparation workings of the
previous Turkish commercial code, it was proposed to base on the definition of the ship in
paragraph B, article 1 of the law on the protection of life and property at sea. According to
this provision, a ship is defined as a watercraft capable of setting out to sea anything other
than oars, regardless of its name, tonnage, or intended purpose. But this proposal was not
accepted and the existing definition of the ship was adopted. The proposal was rejected on the
grounds that it would not be appropriate to transfer the definition of a ship from a
fundamental law belonging to the field of maritime public, aiming to regulate safety at sea to
a fundamental law seeking to regulate maritime trade relations.
According to İsmail Demir, the rejection of the proposal was not appropriate and really a
historic opportunity was missed. The law on the protection of life and property at sea is an
old fundamental law enacted to regulate the safety of aviation at sea. Nevertheless, the
definition of the ship in this law is successful. As I said, the definition is simple,
straightforward, and broad in scope.
Now, what are the elements of the definition of a ship?
First, a ship is a craft. Ship is not a hull. Ship is a craft.
Unlike paragraph 1, article 816 of the previous Turkish Commercial Code, the term hull is
not used in the definition of the ship and the term craft is preferred accurately instead. Hull,
in Turkish, Tekne. The term hull means any hull or object that can float on water and carry
people and cargo. The term hull is also used for small watercraft.

Using the term craft instead of hull has significantly expanded the definition of the ship, of
course. Thus, many floatable watercraft vessels, regardless of their shape and whether they
have a hull or not, such as floating pools, floating cranes, barge, dummy barges, aircoaching
vehicles, hovercrafts, and relief platforms, can null the concept of ships, putting an end to
debates on this matter in the periods of the previous Turkish Commercial Code. This
approach is appropriate.

The second element is allocation to a purpose requiring movement on water. It is a very

basic element. Allocation to a purpose requiring movement on water. It is an important
element it is allocated on water not sea.
For a craft to have the nature of a ship, it must allocated for the purpose of moving on water
otherwise it is not important.
Aircraft that are not allocated for mooring on water but only use water as a take-off and
landing site are not ships. Additionally, when a ship permanently moored and used for
purposes such as a hotel, a warehouse, restaurant, entertainment venue, beach, museum, etc.
The requirement of being allocated for mooring on the water is no longer applicable, thus it
loses the nature of the ship. However, when a ship is temporarily used for the mentioned
purposes, the nature of the ship does not terminate. It is sufficient for the craft to have the
capability of mooring. Unlike the previous Turkish commercial codes, it is not necessary for
the ship to be allocated exclusively for mooring on the sea.
A ship may be allocated for the purpose of moorings in navigable inland waters such as
streams, rivers, and lakes within the territory. Aircraft allocated for moorings in inland waters
are also included in the definition of the ship. While it is generally appropriate for inland
waterships to be subject to the provisions of the Mediterranean Trade Book of Turkish
Commercial Code, all provisions of this book are not applicable to them.
The related provisions regarding afringement contracts (navlu sözleşmesi), contract of
carriage of passengers by sea, general average, and limitation of liability and compensation
for oil pollution damage are not applicable to inland waterships.
Considering the predominant similar characteristics despite their differences, it is a
reasonable and practical solution for subject inland waterships to the provisions of the
Mediterranean Trade Book rather than general provisions or other provisions of Turkish
Commercial Code.

Third element is having the ability to float.

Actually, it is a natural element. Unlike Article 816 of previous Turkish Commercial Code,
for a craft to be considered a ship, it is required to have the ability to float.
In addition to the requirement of moored in water, it is the ability to float, not swim, float.
The ability to float on water is a natural requirement, natural element. To float refers to the
movement of an object in water without losing its balance. It is insignificant whether the craft
floats on surface or underwater.
Therefore, some barriers fall within the definition of the ship. In fact, this requirement is
unnecessary. A craft capable of moving in water also inherently has the ability to float.
Fourth element is being not very small.
What is the meaning of being not very small? What is the criteria?
The ship shouldn't be very small. We don't know what is meant by not very small.
There is no any clarification in the definition of ship in Article 931. To determine whether or
not a ship is very small, the remarks of the communities of maritime transportation and trade
should be solved. In other words, the generally accepted understanding and practices in the
maritime sector should be taken into account.
In this regard, small boats, small sailing boats, canoes, light boats and small water boats are
not considered ships.
What are the jet skis, ships? What do you think about? Is any jet ski a ship? NO
And last element, not necessarily having the possibility of acting on its own or self-
propelling.
The craft does not need to have the ability to move on its own in order to be considered a
ship. A watercraft could be driven by diesel, steam, electricity, even nuclear energy and wind
or towed by a tug. A craft is a ship if it can move through the water by its own means or with
the assistance of another craft. Thereby, the debate on whether floating docks, floating crates,
barges, dummy barges and lighters that cannot move on their own can be considered ships
has been put to an end.
Alright, when and how does a craft mean the definition in Article 931?
According to the nature of the ship. The matter is, a session as a craft will be subject to the
provisions of Turkish Commercial Code from the moment it becomes a ship. There is no
explicit provision in Turkish Commercial Code on the matter. It is controversial in doctrine as
usual.
According to one view, a craft accrues legally the nature of the ship as soon as its
construction is completed and it is launched into the water.
Another view suggests that a craft merely accrues the nature of a ship upon completion of its
construction. A craft does not need to be actually put into service to be considered a ship.
It doesn't have to be launched into the water to be considered capable of navigation. Once a
ship obtains the capability of navigation at sea, it can be qualified a ship. To İsmail Demir’s
knowledge, this first view is more appropriate.
For a craft to be considered a ship, its construction must be competent and it must be capable
of navigation. Even if the construction of a ship is competent, it can simply be understood
whether it is actually capable of navigation and whether it is allocated to mooring on water or
not when it is launched into the water.
If a shipowner intends to allocate the craft to an object that requires mooring on water, but the
shipowner does not launch the craft into the water for a long time, in that case, can the object
still be considered a ship?
The navigation of the ship is essential, but an exception is the temporary beaching of it.
Many documents are issued for ships, while some vessels documents can be given before it is
launched into the water. Others can be given after it is launched. Furthermore, the ship
definition of Article 931 has been drafted under the assumption that a craft can accrue the
nature of a ship upon launching into the water.
If a craft loses the nature of the ship, it is no longer subject to the provisions of Turkish
Commercial Code. What is the meaning of the loss of the nature of the ship?
With the loss of ship status, various issues arise regarding the rights over the vessel,
particularly concerning ownership of the ship, ship mortgage, maritime land, the shipowner's
disposal rights, and maritime enforcement.
Temporary loss of one of the elements shown in the definition of the ship does not cause the
loss of the nature of the ship. It does not matter if a ship temporarily loses the ability to
navigate at water or is not in use for its intended purpose. For example, a ship may be moored
or beached for repair or survey purposes. It may be taken to a dry dock onshore for repairs,
where many parts are removed for replacement. The ship may also be stranded for another
reason. In none of those cases does the ship's status cease to exist. If a ship partially or
completely sinks but can be salvaged and refloated from its location, it keeps the nature of the
ship.
One of the elements required. The main circumstances causing loss of the nature of ships are
the following.
One- Sinking in unsalvageable. If a ship sank in a manner that cannot be salvaged, it causes
ship's status. Unsalvageable sinking of a ship is actually a technical issue.
Ships that cannot be salvaged from the water or even salvaged cannot be floated or towed by
any means. Such as a tug or other vessel are considered to have sunk unsalvageably. A ship
that has sunk unsalvageably is considered a wreck.
The ownership rights of the shipowner or other salvageable wreck persons. Any ship may
cease to be a craft for any reason or be destroyed. A ship may be irreversibly dismantled into
pieces in a shipwrecking facility.
It may be destroyed due to an explosion that occurs on shore or on land. When a ship
becomes unpayable, it is no longer a ship. According to Article 933 of Turkish Commercial
Code, a ship that has become unseaworthy is considered an unpayable ship in terms of
implementation of Turkish Commercial Code.
If it is impossible to repair at its location or if it cannot be taken to a repairable port. In fact, a
ship becoming unrepayable also means that it is actually considered a wreck. For a ship to be
deemed unrepayable, it must first be unseaworthy.
A ship that can withstand hazards arising from the waters where the voyage is to be made
except for entirely abnormal hazards in terms of its essential parts such as hull, general
equipment, machinery and oil is deemed seaworthy. Ships that do not have these
qualifications are deemed unseaworthy. For a ship that has become unseaworthy, either its
repair must be entirely impossible or although repairable.
It cannot be taken to a port where repairs can be made. The impossibility of repair means that
there is objectively no possibility of repairing the ship with existing tactical capabilities. If a
ship is in a condition where it cannot be repaired where it is and also cannot be taken to a port
where repairs can be made, it is deemed unrepayable.
A ship that cannot be transported safely to a place where it can be repaired is also accepted as
unrepayable. Of course, whether a ship is considered to be unrepayable is a technical matter.
Economic factors should be taken into account.
In this regard, reports prepared by ports, authorities or ship classification societies are used.
Only ports, authorities and sometimes ship classification societies. İsmail Demir is going to
explain the meaning of ship classification societies later. When a ship is allocated for a
purpose that does not imply permanent movement on water, it loses its nature of the ship.
For example, if a ship is intentionally and continuously moved to the shore to be used as a
hotel, casino, seahouse, museum, warehouse, restaurant, fixed storage, it is no longer deemed
a ship. İsmail Demir is finishing his lecture.

Maritime Law, Lecture 3

14th March

Parts Of A Ship

The ship is a component object formed by ascending main parts. In order for an ocean to
apply the ability to move on water, it requires the addition of numerous different components.
I see causes for some essential elements, continent parts, appurtenances, in other words,
accessories, and other elements. As I said before you, I am going to teach my lecture slowly,
to take notes. Essential elements of the ship are elements that make up the ship itself and
make the ship a ship.

These are the elements used to produce the ship, merge with it, and have their physical
existence legally. For example, the ship's keel, in other words, frame, backbone of ship,
platings, beams, deck flooring, partitions, frames are essential elements. They are not
component parts and appurtenances of ship.

What does it mean component parts of ship?(bütünleyici parça)

In Turkish Provisional Court, the vessel's component part is not defined. Therefore, the
provisions of the Turkish Civil Court should be referred to in determining the ship's
component parts. The component parts are defined in Article 684 of Turkish Code of
Obligations. According to this definition, for something to be considered a ship's component
part, the two conditions are required;

One, according to local customs, it must be the basic element of the ship. Second, it cannot be
separated from the ship as long as the ship is not destroyed or damaged or its structure is not
changed. There is a permanent connection between the ship and its component part.
Component parts are elements, elements integrated with it, added to the ship in some way to
ensure its functions and operation in conformity with the intended purpose. In determining
whether the component part is the basic element of the ship, local customs should be
considered.

Local customs refer to Maritime customs and practices for the views, for understandings of
Maytime circles. Something may be regarded as a basic element for any ship, but not for
another. It cannot be separated from the ship as long as the ship is not destroyed or damaged
or its structure is not changed.

It should also be acknowledged that there is an economic connection between the component
part and the ship. The expression unless destroyed, damaged or its structure is changed
should be interpreted as damaging the integrity of the ship in terms of economy. Accordingly,
a ship whose propellers, engines or motors have been removed without damaging other parts
has decreased in value. A ship with decreased value is considered damaged. We can give
these examples to component parts. Conventionally and similar equipment attached to the
ship, auxiliary machines, engines, boilers, tanks, ship fittings, various technical parts and
fixed tools, turbines, anchors, shafts, propellers, generators, pumps, ventilation systems and
on sailing ships navigation devices, fixed compressors, cranes, steering gear and
extinguishing installation.So, not all component parts.

On the contrary, the ship's hull, deck, bow, flooring and external covering are not
complementary or component parts. These are the ship's essential elements. The component
parts cannot be subject of an independent right. No disposition can be made on them
separately from the main commodity. In other words, the component part is subject to the
consequence of the main commodity and existing rights or real rights established on the main
commodity also cover the component part.

Appurtenance of ship, accessories of ship:(Eklenti)

In Turkish Commercial Code, the ship's appartments is not defined, therefore reference
should be made to the provisions of the Turkish Civil Code. Article 686 of the Turkish Civil
Code defines this concept. I assume that you know this concept well. According to Article
686 of the Turkish Civil Code, So, based on these provisions, for something to be considered
a ship's appartments, all of the three conditions must be met;

One, the ship's appartments must be permanently allocated to the operation, protection or
benefit of the ship.

Second, the appurtenance must be constantly connected to the ship. It must be connected to
the ship by the combination, installation or other means in its use.

Third, the thing attached to the ship must be custodians and appurtenance according to the
explicit desire of the ship owner or local custodian.

The appurtenance, although permanently connected to the ship, does not completely integrate
with the ship and continues to preserve its physical and legal existence. The appurtenance
contribute to achieving the ship's economy, who falls without losing its independent
existence. The appurtenance s does not lose its nature by temporarily separating from the
ship. As a rule, it is subject to the legal consequences of main commodity. Transactions
regarding the ship also cover the ship's appartments unless otherwise specified.

Unlike the component part, the ship's appurtenance can separately constitute the subject of
real rights. Therefore, the ship owner can freely dispose of the ship's appurtenance, they can
be sold or pledged. We can give those examples to an appurtenance.

Some tools and machinery that are not basic elements of the ship. For example, binoculars
and compasses, computers, rods, portable loading and unloading equipment, furniture in
passenger ships, cabin, ship's floor, various ship documents, measuring instruments, maps,
various registration texts, including the bio on duration of collision at sea, life force and life
voice are appartments. There are also many items on board a ship, not component parts or
appurtenance. Their common characteristic is generally being consumable goods. For
example, food and provisions for seafarers and passengers, fuel and oil for the ship, personal
clothing or medications used by individuals on board, clean supplies and flags can be
included in other elements.

What is the legal nature of a ship?

A ship is, of course, basically a global property. Legally, it is considered as a global property.
However, there has been a misconception in practice that registered ships should be classified
as global property. This misconception has stemmed mainly from the former Article 23 of the
Law on Enforcement and Bankruptcy Law Number 2004, dated 1932. Former Articles 23, 4
and 91 of the Law on Enforcement and Bankruptcy Law. This is a provision. For that reason,
it was necessary to explicitly regulate the issue in Article 936 of Turkish Commercial Code to
eliminate this misconception. The provision in namely new Article 936 of Turkish
Commercial Code states as follows; All ships, regardless of whether they are registered in the
register, are considered as global property in terms of the application of this law and other
laws. Namely, all ships are always global property. Don't forget this important principle. The
provision is straightforward and definitive.

A ship, whether it flies the Turkish flag or the flag of a foreign state, is considered global
property. Likewise, whether a ship is registered in a Turkish ship register, a ship register of a
foreign state, or non-registered in any ship register, it is still considered global property.
Moreover, the principle that a ship is considered global property is valid not only to Turkish
Commercial Code but also to all other laws.

There are some exemptions of this rule. Part of Article 937 of Turkish Commercial Code
specifies that the provision of Article 936 regarding ships subject to the provisions of the law
on enforcement and bankruptcy relating to immovable properties will not apply to ships. The
most obvious example of this exception is found in Part 1, Article 1383 of Turkish
Commercial Code, titled Realization. (It's a very important provision.)The provision states as
follows; Turkish and foreign flag ships registered in a register are converted into money in
accordance with the provisions regarding the sale of immovables of the law on enforcement
and bankruptcy.And Turkish and foreign flag ships not registered in a register are converted
into money in accordance with the provisions regarding the sale of immovables of the same
law.

This provision mandates the application of the provisions of the law on enforcement and
bankruptcy regarding the sale of immovables in the forced sale of ships registered in a
register. Otherwise, a ship registered in a register is not considered as immovable property.

In the application of the forced sale of the law on enforcement and bankruptcy. Unregistered
ships are subject to immovable property on the law on enforcement and bankruptcy.
In parallel to Article 937 of the Turkish Convention Code, it is stated that in the application of
specific provisions of the Turkish Convention Code, the term immovable property includes
all ships that are under construction are competent, and the term land registry includes ship
registries. The term ship registries includes the national ship registry, the Turkish
international ship registry, and the register for ships under construction. The relevant
provisions of the Turkish Civil Code are Article 429, Article 444, Article 523, Article 635. I
advise to read these articles at home. Now, ships can be classified from various perspectives.

The type of ship is essential for determining the rules applicable to it. Its activities conducted
by the ship and the parties involved, such as the shipowner. The following are various
prominent types of ships that weight.

 Merchant ships and non-merchant ships,

 State-owned ships and private ships,
 Turkish ships and foreign ships,
 Sea ships and inland water ships,
 Registered ships and unregistered ships,
 Seaworthy ships and unseaworthy ships.
 Voyageworthy ships and unvoyageworthy ships,
 Cargoworthy ships and uncargoworthy ships,
 Unreliable ships and unworthy airships.

Ships are divided into versions, ships and non-versions, ships based on their use or allocation
purpose. Paragraph 2, Article 931 of the Turkish Commercial Code defines a merchant ship.
Under this article, any ship allocated for or actually used for the purpose of acquiring
economic benefits at the water, not at the sea is deemed a merchant ship, irrespective of who
uses it, on whose behalf or for whose account. All ships that do not meet conditions are
considered non-merchant ships.

This distinction is especially crucial for determining ships in the scope of implementation of
the maritime trade law of the Turkish Commercial Code. Because, according to Paragraph 1,
Article 931 of the Turkish Commercial Code, subject to the provisions of other laws
stipulating otherwise, the maritime trade provisions of this law only apply to merchant ships.
For a ship to be deemed a merchant ship, it is sufficient for it to be allocated for the purpose
of acquiring economic benefits at water or to be actually used for such a purpose. Ships
allocated for acquiring economic benefits in inland waters or actually operated for such
purposes are also considered merchant ships.

Acquiring economic benefits in water can be realized in various ways. Transporting cargo or
passengers by ship, fishing, engaging in risk-free and salvage operations, providing piloting
and towing services, firefighting services, and laid cables underwater are all maritime trade
activities. Ships can be classified as state-owned ships and private ships based on their
allocation for public service.

State-owned ships are ships allocated exclusively for the purpose of public service by the
state or effectively used for such a purpose. Ships allocated for the purpose of public service
exclusively by provincial administrations, municipalities, villages, and other political entities
or effectively used for such purposes are also considered state-owned ships. So this, for us,
should be considered as a state-owned ship.
Is it necessary for it to be used by the state for public purpose or can it be used by the state
for, for example, private activities like drilling? No, exclusively for public services. Warships
and auxiliary ships, hospital ships, supply ships, scientific research ships, training ships,
firefighting ships, and customs enforcement ships are all state-owned ships. All ships other
than state-owned ships are considered private ships.
It's very basic. As a rule, the provisions of the Maritime Trade Book of Turkish Commission
do not apply to state-owned ships. However, some provisions of the Maritime Trade Book
are also applicable to state-owned ships.
These exemptions are shown in Article 930 by Turkish Commission Law. You can read this
article. Ships are classified as Turkish ships or foreign ships based on nationality.
Which ships are regarded as Turkish ships are specified in Article 900 or the Turkish
Commission Code. Accordingly, a ship owned exclusively by a Turkish citizen is considered
a Turkish ship. Ships owned by citizens of another state are considered foreign vessels.
It's very basic. It is essential for the following various reasons which states' nationality a ship
has. For example, in Turkish law, the right to fly the flag is determined based on the ship's
nationality.
Capital rights belong to Turkish ships. In principle, Turkish ships can be registered in Turkish
ship registries. Whether a ship is a Turkish ship or not determines the scope of application of
various laws and regulations primarily in Turkish commercial code.
The nationality of a ship is generally important for the scope of application of relevant
international conventions and so on. Ships are classified as sea ships and inland water ships
with respect to the waters they are allocated for operation. This classification is also basic.
Ships allocated for operation at sea are considered sea ships while ships allocated for
operation in inland waters are considered inland ships. Ships are classified as registered ships
and unregistered ships based on whether they are registered in a ship registry. It doesn't need
to clarify this classification.
And another classification, it is a very important classification, seaworthy ships and
unseaworthy ships. It's very important. Ships are classified as seaworthy and unseaworthy
based on their seaworthiness.
A ship that can withstand hazards arising from the waters where the voyage is to be made,
except for entirely abnormal hazards in terms of its essential parts such as hull, general
equipment, machinery, and voyager, is considered seaworthy. Ships that do not have these
qualifications are considered unseaworthy.
Consolidated, unsupported. This diction is important for matters such as the carrier's liability
for the shipper and cargo interest in the refreshment contract. The exemption clauses
incorporated into the bill of lading.

The insurers discharge from the obligation to pay insurer's compensation. And the duties of
the captain before the voyage. It's also crucial for educational rules regarding maritime safety.

You are on time. Seawater risk should be understood as the ship's capability to withstand the
hazards of the intended voyage in terms of its physical structure. However, seawater risk is a
relative concept.
It varies considerably from the voyage of the ship to the surface of the water where the
voyage is to be made. Seawater risk is also defined in Paragraph E, Article 1 of the Law on
the Protection of Life and Property at Sea. This definition in this law has a broader meaning
than the definition in Article 9 of the Commercial Code.

A seaworthy risk certificate is issued for merchant ships' phones to which seaworthy which
shown in Article 4 of the Law on the Protection of Life and Property at Sea. For other crafts,
including innaut waters, a temporary watercraft complies certified certificate issued under the
Technical Regulation for Ships. It doesn't matter.

Ships can be classified into voyage-worthy ships and unvoyaged-worthy ships based on their
suitability for voyages. According to Article 932 of the Turkish Commercial Code, a
seaworthy ship is considered voyage-worthy if, considering its organization, loading
condition, fuel, provisions, capacity and number of seafarers, except for entire economic
hazards, it has the necessary qualifications to withstand the hazards of the intended voyage.
Ships with these qualifications are considered unvoyage-worthy.

This distinction is essential in matters such as the carrier's liability for the shipper and cargo
interests in the contract of the carrier. Exemption goes incorporated into the offloading, the
insurer is charged to pay the insurer's compensation and duties of the captain for the voyage.
Furthermore, it is crucial for the education of rules concerning maritime safety.

Of course, to be voyage-worthy of a ship, it must first be seaworthy. Ships can be classified

into cargo-worthy ships and uncargo-worthy ships based on their cargo-worthiness.
According to Paragraph 3, Article 932 of the Turkish Commercial Code, a ship is considered
cargo-worthy if the parts used for cargo transportation, including the loading systems, are
suitable for acceptance, transportation and conservation of goods.

Ships lacking these conditions are considered uncargo-worthy. This distinction is essential in
matters such as the carrier's liability for the shipper and cargo interests in the contract of the
carrier. Exemption goes incorporated into the offloading, the insurer is charged to pay the
insurer's compensation and duties of the captain for the voyage.

Ships can be classified into unrepairable ships and unworthy ships based on their need for
repair. According to Paragraph 3, Article 932 of the Turkish Commercial Code, ships can be
classified into unrepairable ships and unworthy repair ships. Of course, these concepts are
new for you.

According to Paragraph 1, Article 933 of the Turkish Commercial Code, a ship that has
become unseaworthy is considered an unrepairable ship in terms of implication of this law if
it is impossible to repair it at its location or if it cannot be taken to a repairable port. In fact, a
ship becoming unrepairable also means that it is deemed a wreck. For the implementation of
the Turkish Commercial Code, if a ship that has become unseaworthy, if its repair costs
exceed three-fourths of the previous value of the ship, regardless of the old and new
differences, is considered an unworthy repair ship.
Repairing costs are directly the costs required for the ship's repair. Of course, there are other
types of ships. Ships can be classified into other categories beyond those mentioned.

Ships can be classified based on the power that propels them, such as sailing ships, steam
ships, motor ships, and nuclear ships. Now we are at the identity of the ship. The identity of
the ship means the discriminating facts of the ship.

Ships, while not being persons in law, are treated similar to individuals. Of course, ships are
not subject of law. The reason for this is that ships hold significant economic value and fly
the flag of the states to which they are registered.

In English law, for ships is used term ship. A ship is a ship. A ship is a ship.

A ship is a ship. The first Turkish owner of the ship is free to give the name of the ship, any
name they wish. However, the chosen name must be different from the names of other ships,
not causing any confusion.

The name of a ship that has been issued a ship certificate can be amended with the permission
of the Ministry of Transportation and Infrastructure. The name of the ship registered in the
register shall be written on both boards, sides, and stern, back of the ship. So, four times.

Four times? No. Three times. No, no, no.

Three. Three times. Both sides and stern.

In other words, stern means the back of the ship. One, two, three. Irredeemable, indissoluble,
and easily readable letters.

The name of the ship is registered in the ship's register. An identification mark must be given
to ships for radio communications. The Directorate General of Coastal Safety issues
identification marks for ships.

The IOWA Ship Identification Number Scheme was introduced in 1987 through the
Adoption of Isolation dated 1987. As a measure, it enhances maritime safety and pollution
prevention and facilitates the prevention of maritime fraud. IOWA Ship Identification
Number aims to assign a permanent number to each ship for identification purposes.

That number would remain unchanged upon transfer of the ship to other flags and would be
inserted in the ship's certificate. The maximum cargo and passenger carriage capacity of a
ship, in other words, its loading capacity, is of great importance for maritime safety. The
loading capacity of a ship is measured for volume and weight.

Many legal consequences are linked to the tonnage of ships, both in international and national
law. The scope of application of most international regulations is determined based on the
tonnage. Whether a ship is required to be registered in the ship's register, how much cargo
and how many passengers a ship can technically carry, the calculation of the limits of
liability, shipowner's liability, the amount of various taxes and fees to be levied for services
provided for ships, and the determination of the equipment required on ships, and the
capacities and number of seafarers are all based on tonnage.

The tonnage of a ship is determined based on its measurements. The measurements of the
ship is taken up by experts at the port authorities or organizations authorized in this regard. In
measuring the tonnage of ships, the rules in International Convention on Tonnage
Measurement of Ships dated 1969 are applied.

This convention, to which Turkey is a party, has been widely accepted in the world. 160
states have already become parties to the convention, which entered into force in 1982. In
addition, the regulation of tonnage measurement of ships is applied in measuring the tonnage
of ships.

The gross tonnage and net tonnage of a ship are determined in accordance with the provisions
of the 1969 convention and this regulation. The gross tonnage and net tonnage are defined in
these instruments. This is a technical issue.

As a result of the measurement, a tonnage certificate is issued for ships and watercraft. A
tonnage certificate is a document showing the defining characteristics, technical
specifications and measurement results of the ship and watercraft. The classification of a ship
is one of the facts that discriminate it from other ships.

The classification of a vessel or ship is established as regards whether it has minimum

technical and safety standards, whether it is maritime in terms of its current physical and
technical condition. The classification of the ship is established pursuant to specific rules by
independent expert classification societies. Classification societies inspect ships before
construction, during the construction and operation within the framework of particular
classification rules they have previously announced in terms of minimum technical and safety
conditions required for ships.

As a result of an inspection, a classification certificate is issued for ships that meet the
necessary conditions. The classification of ships arose from the requirements in maritime
circles for accurate, complex, reliable information about the physical and technical condition
and actual value of ships. Ships are not ordinary objects.

Ships are mostly huge objects. Furthermore, the class of the ship is of great importance in
building, purchasing and charging a ship, establishing a mortgage, completing an
infringement contract and contract of passenger carriage. Factors such as the durability,
safety, degree and age of the ship are directly affected in the conclusion of these contracts.

Finally, approximately 10 or 15 minutes. Finished. I am going to finish my lecture.

Approximately 10 or 15 minutes. Finally, the class of a ship is the base for documents
required for the ship to settle on a voyage. The task of inspecting and certifying the minimum
qualifications that ships must have in order to ensure maritime safety and security and to
prevent marine pollution belongs to the flag states.

States benefit from classification societies. States authorize these organizations to carry out
inspection, classification and certification works on their behalf. Classification societies
constantly inspect the ship, ships being classified through planned and unplanned surveys.

Depending on the results of the inspections, it is decided to continue, cancel or suspend the
ship's class. Every ship has to have a ship's class. The certificates issued by classification
societies as a result of their inspection constitute a presumption of fact on the existence of the
matters written in their contract.

Therefore, the contrary of the issues reported in these certificates can always be proved.
Contracts are made between classification societies and persons such as ship owners and
insurers for proposals such as designing and construction of a ship, inspecting the
construction activities of the ship under construction, classifying the ship and other surveys
and providing information about its current condition and value. The specified persons may
be damaged due to the classification society's failure to fulfill their obligations or other acts
contrary to the contract.

The information provided may be inaccurate or misleading. The certificates may be incorrect.
In these cases, there is no doubt that the classification societies will be held contractually
responsible.

Third parties who are not party to the classification contract may also be damaged by the
activities carried out by classification societies. The certificates issued by classification
societies may not be accurate, may contain misleading or wrong information, or may be
unreliable. Similarly, other information provided by them may not be accurate or may not be
unreliable.

Third parties relying on this information and document may demand compensation based on
the provisions of Article 49 and following the Turkish Code of Obligations regarding 40th
Act. Every ship has a home port. A home port has a meaning similar to a commercial
doomsday.

A ship's home port is the place where the voyages of that ship are managed. The port from
which a ship's voyages are managed is the ship's home port. However, today, a ship's voyages
do not necessarily have to be managed from a port city.

The ship's voyages may be managed from a foreign port or inland city or even directly from
the ship. The home port is written on the stern of the ship in irredeemable, indestructible and
easily readable letters. The home port is also registered in the ship's register.

A ship's home port is essential in many respects. For example, a ship is registered by the
register office to which the home port is subject. Home port is shown in the ship's register,
ship's certificate and flag certificate.

The captain's obligations, rights and powers, especially his authority to represent the ship
owner, vary depending on whether the ship is at the home port or not. While the captain's
powers are limited when the ship is at the home port, they are wider than a ship's own
average. What is the meaning of ship? It is the ship itself.

Very good. A lawsuit may be filed against the ship owner and shareholders in the court of the
place where the ship's home port is located for any claim due to these qualifications. Now, we
have come to a very important topic.

It is the nature of the ship. A ship is not a subject of rights, but ships are similar to
individuals. Like people, ships also have nationality.

The nationality of the ship means the genuine link between the ship and the state. Every ship
must have a nationality. Ship flies the flag of the state of which it is a national.

The nationality of the ship is significant for many aspects. For example, in Turkish law, a
ship's right to fly the flag is determined according to its nationality. The registration of a ship
in the register is based on the nationality of the ship.

A ship is a rule subject to the law of the flag state. On the high seas, the ship is treated as the
territory of the state whose flag it flies. The right to fly the flag is a privilege.

A ship is under the protection of the state whose flag it flies. A ship must be in the nationality
of a single state. Ships flying the flag of more than one state are considered stateless ships.

Stateless ships are not under the protection of any state. Flying the flag is both obligation and
right. For this reason, acts contrary to the provisions regarding flying the flag were subjected
to criminal sections in articles of Turkish Commercial Court.

All right, what are the regulations about right to fly the Turkish flag in Turkish Commercial
Court? The right to fly the Turkish flag is regulated in detail in article 940 in Turkish
Commercial Court. You have to know the provisions of article 940 of Turkish Commercial
Court. It's a very, very important article.

These articles' provisions have been written with a flexible and liberal approach in order to
protect and encourage the development of Turkish merchant fleets. First rule, every Turkish
ship flies the Turkish flag. A ship owned only by a Turkish citizen is a Turkish ship.

If the ship is owned by only one single Turkish citizen, it's a Turkish ship. However, if the
ship is owned by more than one person, a distinction is made between co-ownership and joint
ownership. You know, there is no such thing.
When the ship is subject to co-ownership, it is considered a Turkish ship provided that the
majority of the shares are held by Turkish citizens.

March 21 maritime lesson 4

(...) institutions, associations, and foundations established in accordance with Turkish laws
and having legal entities constitute Turkish issues, provided that the majority of the persons
forming the managing body are Turkish citizens.

The majority of the members of the legal entity do not have to be Turkish citizens. What is
essential is that the majority of the persons who make up the managing body of the legal
entity are Turkish citizens. For example, suppose for people on the seven-person board of
directors of an association called, For example, those who are legal entities are Turkish
citizens. Now, as for commercial companies belonging to trading companies, established
under Turkish laws and belonging to Turkish commercial companies are considered Turkish
issues, provided that the majority of those authorized to manage the company are Turkish
citizens and Turkish shareholders hold the majority of the voice according to the company
agreement.

The key concept is voice. It is based on the majority of those authorized to manage the
company. It does not matter whether the company's partners are in the majority in terms of
numbers or chapters.Number of shareholders and capital is not important. The majority of
those authorized to manage the company must be Turkish citizens. For Turkey, for example,
let's assume that three partners are appointed as the owners of a company named The ship of
the company is named a Turkish ship, provided that two of them are Turkish citizens.If only
one or two directors are appointed, all of them must be Turkish citizens. Another condition is
that according to the company agreement, the majority of the voice must belong to Turkish
partners.

As for ship owned by corporations, in other words, joint-stock companies and commandeered
companies whose capital is divided into shares. In order for ships belonging to joint-stock
companies and commandeered companies whose capital is divided into shares to be
considered Turkish ships, general requirements on ships belonging to commercial companies
must be issued to the name and transfer of these shares to the operator must be subjected to
the approval of the company's board of directors. I'm sorry, can you repeat please? Sorry. The
majority of the shares must be issued to the name and transfer of these shares to the operator
must be subjected to the approval of the company's board of directors.

Two significant requirements regarding corporation and commandeered companies whose

capital is divided into shares;

There is no requirement for Turkish partners to have the majority of the capital in the
company or for the majority of the partners to be Turkish citizens. What's essential is that the
majority of those authorized to manage the company are Turkish citizens and the majority of
the voice belongs to Turkish partners. If this condition is met, it doesn't matter whether the
number of foreign partners is more than Turkish partners or whether foreign own the majority
of the company's capital. There is no restriction on the transfer of registered shares to Turkish
citizens. However, the transfer of registered shares to a foreigner is subject to the approval of
the company's board of directors.

In other words, a context rule is required in the company agreements. In Turkish, bağlam, you
know. If the share is owned by a shipping partnership, I will tell this concept later, which is
registered to Turkish trade register, she applies the Turkish credit, provided that the majority
of shares are in the hands of Turkish citizens and the majority of board of directors consists of
Turkish citizens.

In the Turkish commercial code, article 940, paragraph 5. Of course, there are some
exemptions to the right to fly the Turkish flag;

1) A Turkish ship flying a foreign flag.

If a Turkish ship has been left to be operated on their behalf for at least one year to people for
whom it would lose the right to fly the Turkish flag, if it belongs to them, upon the request of
the owner, the minister of transportation and infrastructure may allow the ship to fly a foreign
flag during the release period, if the laws of their state permit this, unless this Turkish ship
expires or is withdrawn for legal reasons, the ship cannot fly the Turkish flag according to
Turkish commercial code, 941, paragraph 1. Ship must be left to be operated by a person who
does not have the qualification specified in article 940 of Turkish commercial code. An oil ?
nor foreign ship may fly with a Turkish flag. If a ship that is not a Turkish ship is left to those
who can fly the Turkish flag only to be operated on their behalf for at least one year, provided
that the owner constantly updates the provisions of the Turkish legislation, all captains and
seafarers are complied with.

What is the reason?

No provision prevents this interfering of the minister of transportation and infrastructure may
permit the ship to fly the Turkish flag. However, the person who receives the permit is
obliged to prove every two years that the conditions required for the permit to continue to
exist. Since the right to fly the Turkish flag is a privilege, the person receiving the permit is
required to prove that the necessary conditions for the permit continue to exist, at least every
two years, taking into account the length of the release period. Ships that are permitted to fly
the Turkish flag are registered in a special register kept by the Ministry of Transport and
Infrastructure. In practice, this register is known as the ship charter register. Although the
term ship charter register is used in the law, actually it is not a register with the meaning of
Article 7 of the Turkish civil law.

Ship charter register is just an ordinary court system, when one of the conditions specified in
Articles 940 and 941, paragraph 2 of Turkish Convention Code regarding the right to fly the
Turkish flag disappears, the ship uses its right to fly the Turkish flag. The station is reported
to the Ministry of Transport and Infrastructure without delay. The Ministry may enroll the
ship to fly the Turkish flag for a maximum of six months.

Ship Certificate
As I mentioned before, the right of a ship to fly the Turkish flag is controlled by ship
certificate. The right to fly the Turkish flag cannot be used unless a ship certificate is
obtained. Ship certificate shall be issued for ship register in the ship register. The ship
certificate is like the ship's identification card, identification document.

Ship certificate is one of the essential documents of the ships. The ship certificate or its
summary approved by the register office must be carried on board the ships at all times
during the voyage. Ship certificate is issued by the register office to prove that the ship has
been registered in the registry.

Flag Certificate.
But in some cases, a ship's right to fly the Turkish flag is exercised with a document called
flag certificate. Flag certificate replaces the ship certificate. The situations in which it is
necessary to issue a flag certificate are the following.

1. If a ship located outside Turkey obtains the right to fly the Turkish flag, a flag certificate
regarding the right to fly the Turkish flag is issued by Turkish consul in the location of the
ship.

2. Although it was built in Turkey shipyards, ships that do not have the right to fly the
Turkish flag under Article 914 of the Turkish Commercial Code may be given a flag
certificate by the Ministry of Transportation and Infrastructure valid until the place where
they will be built.

3. If a foreign ship is allowed to fly the Turkish flag under Article 941, Part 2 of the Turkish
Commercial Code, a flag certificate is issued to the ship by the Ministry of Transportation
and Infrastructure valid for the permanent period.

4. Plus, ships that have lost their right to fly the Turkish flag are permitted to fly the Turkish
flag for a maximum 6 months pursuant to Article 942, Part 1 of the Turkish Commercial
Code. Ships smaller than 18 gross tons and ships specified in Article 935, Part 2 of the
Turkish Commercial Code may fly the Turkish flag without the need for a ship certificate and
flag certificate. Undoubtedly, ships smaller than 18 gross tons are merchant ships that are
allocated only for excursion.

Ships specified in Article 935, Part 2 of the Turkish Commercial Code are ships such as
yachts and single-training ships that are allocated only for excursion, sports, education,
training and science purposes. Thus, ships subject to exemption are ships able to register
optionally in the National Ship Registry. However, if the ship's registration is optional or
registered with the National Ship Registry, the evidence and use of their right to fly the flag
are through, of course, the ship certificate.

Ships and yachts register in the Turkish International Ship Registry, while the Turkish flag,
according to Article 7, Part 1 of the law on the Turkish International Ship Registry. In case of
violation of the rights regarding flying the Turkish flag, the provisions of the Turkish
Commercial Code and other relevant legislation should apply. Ships and yachts that can be
registered with the Turkish International Ship Registry gain the right to fly the Turkish flag
by being registered with the Turkish International Ship Registry even if they belong to a
foreign person. Contrary to the Turkish Commercial Code, the right to fly the flag is subject
to registration in the Registry, so registration is instituted. Ships and yachts belonging to
Turkish and foreign natural persons residing in Turkey and companies found in Turkey in
accordance with Turkish registration may be registered with the Turkish International Ship
Registry. Ships and yachts to be procured from abroad by financial leasing shall be registered
in particular column of the Turkish International Ship Registry.

Home Port Law

Home port law was established with Article 43 of DP Rule No. 655 on certain regulations
concerning the field of transport, transportation and infrastructure. In brief, DP Rule No.655.
Home port law is not a ship registry. The regulation was entered into force in accordance with
Article 43, Paragraph 2 of this decree.

The right to fly the flag is governed by Article 12 of the regulation. Pursuant to this article, all
ships, sea vessels and inner water craft registered in Home Port Law must fly the Turkish
flag. The right to fly the flag is proven by a valid certificate.

Merchant ships, inner water craft and sea vessels registered in Home Port Law and ships for
private use, sea vessels and inner water craft belonging to foreigners fly the Turkish flag
regardless of the provisions of the Turkish Convention called regarding to fly the flag. In
order for a ship to be operated safely at sea, it is necessary to issue a large number of
documents and carry them on board. These documents are specified in related international
conventions and laws.

In the absence of one of the certificates or documents required, she is not allowed to voyage.
And the necessary sanctions applied, some of them are the following.

- Ship certificate, you know.

- Flag certificate.
- Certificate of seaworthiness; the meaning of seaworthiness under Article 4 of the law
on the protection of life and property at sea, a temporary certificate of seaworthiness is
issued for merchant ships that are determined to be seaworthy.

- Certificate of port leaving and tonnage certificate; You know the meaning of
tonnage of a ship.

- The Bible on prevention of collision at sea; this is a legislation regarding the

collision. Under Article 8 of the law on the protection of life and property at sea, all
ships, including warships, navigating on the Turkish seas, must comply with the
provisions of the Bible law on the prevention of collision at sea.

There are many safety documents.; In accordance with the International Convention on the
Safety of Life at Sea, 1974, it's a very important convention regarding the safety at sea, some
safety documents must be issued for merchant ships. Safety certificate for cargo ship
construction, safety certificate for cargo ship refugees, safety certificate for cargo ship radio,
and so on.

- Certificate is bill of health; under Article 31 of the public health law, every ship
arriving from a Turkish port to another Turkish port, or from a foreign port to a
Turkish port is obliged to obtain a bill of health from the port from which it departs.
And certificate of law of line. In Article 11, Paragraph 1 of the law on the protection of
life and property at sea,

- Certificate of law of line; It is stated that the place of pre-board mark to be put down
on both boards and below the deck lines of commercial ships carrying cargo
passengers, according to fresh and soft water regions, seasons, and timber cargo, shall
be determined under the regulation. This is a very, very technical certificate.

- Seafarer certificates. Before a ship embarks on a voyage, it must be determined that

there are a sufficient number of qualified seafarers on board. Those certificates are
shown under the International Convention on Standards of Training, Certification and
Watchkeeping for Seafarers, dated 1978, and the regulation for seafarers and pirates.

- Manifest; A manifest is a document signed by the captain or his representative

showing the type and quantity of cargo on the ship. The manifest is submitted to
Turkish or foreign customs authorities.

- Logbook; It is of great importance to record the events that occurred on the ship
during its navigation. Therefore, a logbook must be kept on every ship. In the logbook,
certain events that occurred from the moment the goods or ballast began to be loaded
on each voyage are recorded. Some international conventions and laws contain
provisions regarding the obligation of specific ships to obtain insurance or provide
other financial securities.

It is compulsory to have an insurance certificate attesting that insurance or other financial

security is insured. A valid insurance certificate must be carried on the board. For example,
according to Article 7 of the International Convention on Seaside Origin Damage, 1999, what
are the ships to which the provisions of the Turkish commercial law on maritime trade apply?
This is the concept of Turkish commercial law, in particular maritime trade law. First,
merchant ships, of course. The scope of application of the Turkish commercial law means
which of the provisions of this law regarding maritime trade will be applied to whom and in
what way. The criterion for determining the scope of application is the ship.

Concept Of Ship
The book of maritime trade is based on the concept of ship. Under Article 935-1, without
prejudice to the provisions of the law stipulating the contrary, the provisions of Turkish
commercial law regarding maritime trade shall apply to merchant ships. In other words, if
there is a contrary provision in Turkish commercial law or in other laws, the provisions of
Turkish commercial law regarding maritime trade apply not only to merchant ships but also
to other ships specified. Some provisions of maritime trade book apply to the following non-
merchant ships to the extent shown. There are three groups;

The first group is ships allocated exclusively for excursion, sports, education, training and
cycling purposes, such as yachts and sailing training ships. These ships are covered by the
part's title ship, Captain Maritime Yens (?), special provisions regarding enforcement of
maritime trade book, the sections titled Coalition and Salvage, the provisional limitation of
liability for maritime claims, and Article 1062 regarding the liability of the ship arising from
the fault of the seafarers can apply to those ships.

The second group is state ships and warships and personal ships of the Navy allocated
exclusively to a part of service.

The third group is ships being built in Turkey on behalf of a foreign state or its nationals.
Sorry, I have very limited time.
ARTICLE 935-

(1) Without prejudice to the provisions of the law to the contrary, the provisions of this Code relating to
maritime trade shall apply to merchant ships.

(2) However, the sections of this Book

a) Sections titled "Ship", "Master", "Ship's Claims" and "Special Provisions on Enforcement", Sections
titled "Collision" and "Salvage", provisions on limitation of liability for maritime claims and article 1062
on the liability of the shipowner arising from the fault of the seamen, yachts, seaman training ships, etc.
ships dedicated exclusively to recreational, sporting, educational, training and scientific purposes,

b) Sections titled "Collision" and "Salvage", the provisions on the limitation of liability for maritime
claims and Article 1062 on the liability of the shipowner arising from the fault of the seafarers, to State
ships exclusively assigned to a public service and warships and auxiliary ships attached to the navy,

c) The second paragraph of Article 944 and Articles 945, 947, 948 and 949 concerning the flag certificate,
Articles 955, 956, 973 and 991 concerning the registry, Article 1013 concerning the legal mortgage and
Articles 1054 to 1058 concerning the rights on ships under construction shall apply to ships being built in
Turkey on behalf of a foreign state or its nationals, to the extent compatible with their qualifications,is
applied.
Turkish ship registers

Now, the next concept is Turkish ship registers. In other words, Turkish ship registers and
Home Port Law.

The ship register is an official register in which the elements that enable the identification of
ships and rights and restrictions over them are registered. Also, to real rights, such as
ownership, mortgage and use of drugs, personal rights, such as tenancy rights and allocations,
objections or disposition restrictions regarding these rights are registered in the ship register.

The ship register has historically arisen from a need to determine and follow the identity and
nationality of the ship. Later, it began to contribute to the purpose of updating information
about interrelations related to the ship. The ship register ensures the knowledge, publicity and
reliability of material and legal situations regarding the ship. There are three ship registers in
Turkish law. These are the National Ship Register, which is regulated in Turkish Commercial
Code. Register of Construction is also regulated in Turkish Commercial Code and Turkish
International Ship Register. The Home Port Law is not a ship register, as will be explained
later.

The National Ship Register is regulated by Articles 954-955 of Turkish Commercial Code.
For Turkish ships, a ship register is kept in places deemed appropriate by the Ministry of
Transportation and Infrastructure. Ship register offices are established in harbour authorities,
considered appropriate by the Ministry. The ship register offices have been called in Turkey,
namely; Antalya, Bandırma, Çanakkale, İskenderun, İstanbul, İzmir, Mersin, Samsun,
Trabzon and Zonguldak. The jurisdiction of the ship register offices is determined by the
Ministry. Ship registers are kept by the registry offices working under the harbour authority,
under the supervision of the Commercial Code of Horizons. The competent registry offices
determine according to the Home Port of a ship. A ship is registered by the registry offices to
which the Home Port is subject.

Which ships are registrable?

Under Article 956-101 of Turkish Commercial Code, the following ships can be registered in
the ship register.

1. Merchant ships that have the right to collect the Turkish flag in accordance with Article
940 of Turkish Commercial Code. As I said before, this article is very important. I always ask
a question to apply the Turkish flag.

You have to learn this provision of 940. 2. Ships that are not merchant ships despite an
Article 945-2 of Turkish Commercial Code. Namely, ships such as yachts, sailor training
ships, which are allocated solely for excursion, support, education, training and scientific
purposes.

3. Ships built in Turkey on behalf of the foreign state or its citizens. These ships are
registered, not confiscated. (?) compulsory 4. It is not possible to register the ship mentioned
in paragraph 3 of Article 940.

5. Last ships built in Turkey on behalf of the foreign state or its citizens. 6. It is not possible
to register the ship. These ships can only be registered with construction registry, not national
ship registry.

Only construction registry. Later I am going to tell you the construction registry. All merchant
ships of 18 gross tonage and larger must be registered within the national ship registry. The
owners of these ships must request registration. However, if a ship that must be registered has
been registered in Turkish international ship registry, its obligation has been fulfilled.
Registration of registrable ships other than merchant ships of 18 gross tonage and larger is
subject to request of their owners.

And now, what are the unregisterable ships?

Those ships are not allowed to be registered in the registry.

First, ships that are non-Turkish ships.

Second, Turkish ships registered in a foreign ship registry.

Third, warships and auxiliary ships of the Navy.

Fourth, ships allocated exclusively to the purpose of a public service belonging to the state,
special provincial administration, municipality, or other party legal entities.

The ship is registered in the ship registry can only be done upon the request of the owner or
one of the owners. If the ship registered in the construction registry, the ship mortgages
registered in that registry are transferred to the ship registry as official, provided that their
decrees are reserved. The registration of the ship is notified to the officer of the construction
registry. Annotations and objections regarding changes in ownership of the ship, ship
mortgage, arrival on the ship mortgage, use of rights and disposition restrictions on the ship,
real rights on the ship or other matters recorded in the registry are also registered in the ship
registry. Some changes may occur later in the matters registered in the ship registry. Changes
must be registered on time because it is of great importance that the registry records are
always accurate. Those concerns must be notified within 15 days. Cancellation means the
deletion of the ship or a register related to the ship from the registry. Cancellation is another
transaction on the ship registry.

The principle of trust in the ship registry is essential. I will also tell later this concept.
Objections may be made against the decisions of the ship registry office regarding
registration amendments and deletion under Article 34 of the Turkish Commercial Code. The
courts that supervise the keeping of the ship registry are authorized to hear and conduct
objections against the decisions of the registry offices.

An objection may be made against the decisions of the registry office regarding registration
change or deletion within 8 days or the date of verification of the decision. As a rule, these
objections are examined and decided by the court within a year.

Legal Characteristics Of Registry Courts

There are some legal characteristics of registry courts.;

First is the honesty of the register. The nature of the ship registry is hardy(?). The ship
registry is open to everybody. Everybody can examine the registry records and take approved
or under-approved copies of them, provided that they pay expenses. In addition, a person who
convincingly proves that he has a fair interest is authorized to examine and take copies of
registry rights, documents referred to them in the ship registry for the completion of
registration and registration requests that have not yet been finalized.

Second, explanatory and institutive characteristics of records. One example of records

regarding the ship and rights on the ship have an explanatory characteristic. Some of them
have an institutive characteristic.
Explanatory records are records that explain a particular legal speech or rights. Explanatory
records are records that explain a particular legal situation or rights. True explanatory records
of the ship registry is brought into alignment with actual legal situation. For example, a
watercraft becomes a ship. Name of the ship and on board. Ship's measurements results. The
ship becomes a merchant ship.

In cases where registration is necessary for establishment of a right, registration is nature of

the institution, instituted. The right is created out of registration. If there is no registration, it
would not be created. The registration of legal relations related to a ship has a rule and
instituted effect. For example, old standard example. Establishment, change of content and
transfer of ship mortgage. Establishment use private rights over the ship. The state acquires
ownership over the ship. There are some registered presumptions. Records in the ship registry
constitute a presumption that some of the record matters are correct. These presumptions
have been accepted in order to facilitate proof of the existence or nonexistence of a right on
the ship in accordance with the nature of maritime trade.

Registry presumptions are the following.

1. The person registered as the owner in the ship registry shall be presumed to be the owner
of that ship.

2. The person registered as the owner of a mortgage right or a right on the mortgage or a use
of private right shall be presumed to be the owner of that right.

3. If a registered right is deleted from the registry, it is presumed that the right no longer
exists. The same presumptions also apply to the ship shape.

Registry presumptions are considerably limited compared to the land registry. They are valid
only for the rights specified. Only three registry presumptions in the ship registry.

It is of great importance that the registry complies with the actual legislation in terms of
protecting the rights of trapped rights holders. Under Article 975 of the Turkish Convention
Code, the trapped rights holders should have an objection of an evasion recorded in the
registry against the risk of losing their rights due to the principle of trust in the registry. I am
finishing my lesson.

Lecture 6
Maritime Law,

Construction mortgage

Ships are of great value even while they are still under construction. Shipyard owners must
continue their activities by credit.
The most important value they can provide as security for the credits is the ships under
construction. A lot of mortgages to be established on ships under construction, including
construction mortgage, encourages the development of the shipbuilding industry.

Mortgage may also be established on ships under construction according to Article 1054,
Article 1 of Turkish Convention Code. A construction mortgage may be established from the
moment the construction is back on its place until it is launched when it is possible to
distribute it clearly and continuously by putting its name and number in a visible place.
Additionally, the construction must have a side of 80 gross tons or more when completed. In
order to establish a mortgage on a ship under construction, the construction owner and the
creditor must agree on the establishment of a mortgage on the construction and the mortgage
must be registered in the construction register. The agreement must be made in writing and a
notary must approve the signature. This agreement may also be made at the ship register.

The construction mortgage is established with the construction register. Registration is

instituted. After the construction of the ship is completed, the construction mortgage remains
on the ship with its previous agreement. The ship registry directly registers the mortgage with
its current agreement. The condition of the construction must be recorded in the registry as it
is a change in the registry matters. Once the completed ship is registered with a Turkish ship
registry, its record in the construction registry is closed.

In addition to the special provisions for construction mortgages, the provisions of the Turkish
Conventional Code regarding ship mortgage also apply. A shipyard owner has the right to
request the registration of a mortgage on that construction or ship for his claims arising from
the construction and repair of the ship. Prior waiver of this right is not granted. Since the right
to request registration arises from the law, the shipyard owner's mortgage right may be
described as a legal mortgage.

Maritime Debts

Due to the unique characteristics of maritime trade, public interest and some social reasons, it
was necessary to provide more protection to some claims.

In particular, the spread of single-ship companies and the fact that these companies do not
have any other assets have made it necessary for some claims to obtain their rights by directly
pursuing the ship. The easiest way to do this is to grant a legal lien on the ship in favor of
these claims. In most legal systems, legal liens or similar claims are recognized. There was a
requirement to inform the determination of these claims and the rules to be applied in
international law.

The current international convention on legal liens is the International Convention on Legal
Liens and Works, 1993. In brief, 1993 Geneva Convention. The Geneva Convention entered
into force on 5 September 2004. Türkiye has, of course, become a part of this convention
continually. However, in the preparation of the provisions of the Turkish Convention on
Maritime Trade and Debt, the provisions of the 1993 Geneva Convention were taken as basis.
Maritime grants the owner a legal lien on the ship and its attachments that may be asserted
against any position on the ship. On certain claims arising against the owner, charterer,
manager or operator of the ship, grant their owners the maritime liens. Maritme liens have
been specified in a limited number in the law. When those claims arise, it is deemed that they
are maritime liens and they grant their owners a lien right on the ship and its attachments
automatically without the requirement for another transaction. It is prohibited that the
maritime liens are registered in the ship register.

There is a very close relationship between the claim and the lien. The maritime lien also
arises as soon as the relevant claim arises. When it expires, the lien terminates automatically.
The maritime liens, like all lien rights of potential arising on the ship, cannot be subject to
trial or enforcement separately and independently from the claim in secret.

When the claim is transferred to someone else for any reason such as succession, the legal
lien is also transferred. As a rule, the maritime liens arise on all ships. It does not matter
whether the ship is registered in a ship register or not.

However, not many times a lien arises on ships that belong to the state. Namely, provincial,
state administrations, municipalities, villages and other public development titles that are not
allocated for the purpose of providing benefits at sea or not actually used for a certain
purpose. That is, all ships are allocated exclusively for public service.

The maritime lien follows the ship. It does not matter whether the ownership of the ship
changes after the claim arises. No matter how many times the ownership changes, the new
owner cannot prevent the claim for exercising his legal lien on the ship. It does not matter
whether the ownership of the ship changes. The claim in exercises its legal lien right against
everyone in possession of the ship. The situation does not change even if the owners and
possessors are not the doubters of the claim on which the maritime lien arises.

There is an exception to this rule. According to 1061 of Turkish Congressional Code, the
owner of the ship may prevent the use of the maritime lien if the operation of the ship is
unfair to the owner and the claim is in bad faith.

The claims listed in the Limited Manual Article 1320 of Turkish Congressional Code grant
the owner's maritime liens. It is not possible to expand these claims by interpretation or
comparison. Whether a claim asserted through the judiciary in Turkey grants a maritime lien
shall be determined pursuant to Turkish law. Each of the following claims against the owner,
billboard charter, manager, or operator of the ship shall be signified by the Mediterranean
Treaty Holders;

1. Claims for wages and other sums due to the seafarer in respect of the employment of the
ship, including costs of repatriation and social issues contributions paid on their behalf.

2. Claims in respect of loss of life or personal injury occurring whether over land or on water
in direct connection with the operation of the ship.

3. Claims for reward for the salvage of the ship.

4. Claims for port, canal, and other waterways dues and pilotage dues.
5. Claims based on authorizing of physical loss or damage loss by the operation of the ship
other than those of or damage to cargo, containers, and passenger's effects carrying on the
ship.

6. General leverage contributions.; Last Mediterranean is general leverage contributions. A

Mediterranean privately grants the owner of that legal lien on the ship and its attachments.
However, attachments not owned by the ship owner at the time the claims arise are not within
the scope of the lien.

In addition, unlike a ship mortgage, the insurer's compensation to be paid to the owner
according to an insurer's contract is not within the scope of the lien. According to article 1321
paragraph 2.

Like an insurer, the owner's compensation claims against third parties due to loss or damage
to the ship also remain within the scope of the lien. Mediterranean provides the principal
amount, accured interest, follow-up and litigation costs in the same way. If a ship is operated
by a shipping partnership, it creates a provision for Mediterranean as an itinerary owned by a
single owner. Except for general leverage contributions, the legal lien has, by way of time,
take precedence over all legal and contractual liens and real incumbences, whether registered
or not on the ship. This priority provides powerful legal protection to the claimant.

In addition, the claimant has the opportunity to collect his claims before almost all other
privileged claimants. The legal lien, by way of time, take precedence over all legal and
contractual liens and real incumbences, whether registered or not on the ship. The legal lien
granted by the Mediterranean has been subject to final term.

The lien terminates if it is not exercised within periods specified in the law, one year, six
months and 60 days, as the case may be. These details are not necessary. The fact that it is a
priority to register the Mediterranean, that it make a claim against anyone who owns the ship,
and the claimant is not known, is quite risky for the owner and the operator.

Therefore, it has been necessary to deviate from the general rule that the lien and claim right
should not be subject to a limitation period of final term. The period during which the arrest
of the ship is not legally permissible, originally is not taken into account in calculating these
periods. The period cannot be suspended or interrupted for other reasons.
(It is Hak düşürücü süre = expiry date)

Usufruct Rights

Is it possible to establish usufruct rights over a ship registered in the ship register. Usufruct
provides its owner with the right to fully benefit from the ship only if established, unless
otherwise agreed, the owner of the usufruct right may use the ship for profit on the water or
land deeds. He may benefit from the legal protections provided by the position.

The usufruct should be established on ships that are not registered in a Turkish ship registry,
should be completely subject to provisions of the Turkish Civic Code regarding waters. In
order to establish usufruct rights over these ships, this position must be transferred to the
person to whom usufruct rights will be granted.
In order to establish a contractual usufruct on ships registered in a Turkish ship registry, the
owner of the ship and the person in whose favor the usufruct will be granted must agree on
the establishment of usufruct, in other words, usufruct agreement, and the usufruct must
register in the registry.

The agreement regarding the establishment of usufruct shall be made in writing, with
signatures certified by the military, or it may be made at the ship registrar's office. Unlike
unregistered ships, transfer of possession is not required. Now we are on the topic of
shipowner, operator and shipping partnership.

Actors Of Maritime Trade

These are very important actors of maritime trade.

First, shipowner. What is the meaning of shipowner?

Shipowner is one of the leading actors in maritime trade. Shipowner is the owner of the ship
who uses his ship on the water for benefits. The following are the elements of the concept of
shipowner. It has three elements;

First, the shipowner must be the owner of the ship.

Second, the shipowner must work to gain benefits in the water.
Third, the shipowner must operate his ship on his own behalf.

In order for a person to gain the title of shipowner, s/he must first have ownership of the ship.
Anyone may be a shipowner. There is no problem. Other legal entities, including natural
resources, the state and other public legal entities, may apply the title of shipowner.

The owner must use his ship to benefit from the water. Providing benefits has a broad
meaning. The shipowner may use his ship to provide direct or indirect benefits. He may
benefit from many different activities, such as carrying cargo and passengers with his ship,
towing, laying submarine cables and pipelines, pilots' services and fishing. The shipowner
may also benefit from operating his ship in inland waters, such as multiple rivers and lakes.

In order for a person to be regarded as a shipowner, he must operate his ship on his own
behalf. For example, if a person does not operate his ship on his own behalf but rents it to a
third party, he cannot gain the title of shipowner.

Now, what is the meaning of being a charter operator?

Even though a person does not own a ship, he may desire to benefit from the water by using
someone's ship, by renting or procuring it, for various reasons. Current market and economic
conditions may be more suitable for operating this way. In this way, people using someone's
ship for benefit should also be subject to provisions regarding the owner.
In Turkish law, these people are referred to as disbonded owners, billboard charters or
operators. I prefer term billboard charters or operators. A person using a ship on his own
behalf or through the captain for the purpose of gaining benefit is deemed the owner in his
relations with third parties, only with third parties.

According to Article 1061; it does not matter how the operator applied the position of the
ship for legal reasons for using the ship. An operator may operate a ship belonging to
someone based on a justifiable reason, such as a lease agreement, user rights or user-to-loan
agreement, or he may operate a ship that he has taken possession of through an act such as
user version, through user patient, or have, based an unjust reason. The billboard charter must
use the ship on his own behalf. He may operate the ship personally or through any captain.
The operator shall be considered the owner only in terms of his relations with third parties
and has rights and obligations of shipowner towards them. A shipowner cannot prevent a
maritime lien from arising due to operation of the ship.

The owner of the ship cannot claim that he is not liable for a maritime lien for which he is not
actually a debtor since he is not a shipowner or operator.

Now we are on the shipping partnership. It is similar to ordinary partnership in government,

government in the Turkish obligations court.

Several persons may operate any ship for profits in water. Due to maritime trade, shippers are
exposed to many risks, leading them to seek to share their responsibilities. Shipping
partnership was born as an institution specific to maritime trade. More than one person forced
shipping bus station to use a ship they own as co-ownership on the water in the name and
account of all of them; (important thing here is) co-ownership on the water. They own as co-
owners on the water, not joint ownership.

Widening agreement they have made between them to provide benefits. Provisions regarding
shipping participation do not apply to commercial companies or other legal entities that do
not operate his ship alone. The partners may be major or minor. There is no shipping
partnership if several persons own the ship in joint ownership. For example, there is no
shipping partnership in the community of heritors.

Nowadays the importance of a shipping partnership has decreased. The reason is increase of
capital companies due to their advantages. A shipping partnership shall register to both
rails(27.23) and ship registers within 15 days following formation of a shipping partnership.
A shipping partnership shall be managed in accordance with the provisions of a contract of
shipping partnership. Contract is essential. When there are no provisions to apply under this
contract, the related provisions of Turkish Commercial Code shall be applied. A shipping
partnership shall be managed through the measure of the voids which will be determined in
accordance with shares of the partners.

However, decisions on amendments to the contract of shipping partnership or decisions

against that contract or decisions which are unfamiliar to the aim of the partnership shall be
taken unanimously.
A ship manager can be appointed for the management of a shipping partnership. The ship
manager shall exercise due care of a vice owner while fulfilling his duties. The ship manager
is entitled to perform all the ordinary transactions and legal disposal for the partnership and
get the payments which are paid in accordance with these transactions and disposals. Profits
and losses of the partnership shall be distributed to the partners in accordance with their
shares in the ship at the end of the calendar year. The shipping partnership has no legal entity.
For that reason, without prejudice to the provisions which govern the limitation of the
liability of the owner, debts of the partnership against third parties shall be paid by the
partners personally, in accordance with their shares in the ship. Not jointly and severally
liable.

The debt or bankruptcy of a partner does not prohibit a shipping partnership. Moreover, a
change in the person of a partner does not prevent the existence of a shipping partnership.
Like other persons, the shipowner is liable for damage arising from his own acts and
omissions within the framework of general provisions.

However, due to the unique characteristics of maritime trade, many special requirements
regarding the shipowner's liability are included in the Turkish Commission Code. Here, I am
going to explain the bonus liability for damage arising from the actions of seafarers and
pirates. The shipowner is liable for any damage caused to third parties due to the fault
committed by the seafarers.

The mandatory consultant pilot or the optional pilot while performing their duties. However,
the owner shall be liable to the passengers and cargo interests by the provisions regarding the
case liability arising from the seafarers' profit. The shipowner's right to limit his liability is
under the international conventions to which Turkey is a party to is reserved.

Four conditions are required to hold the shipowner liable for his seafarers' and pirates' faults;

1. The person who causes the damage shall be seafarer or pilot.

2. The fault of the seafarer or pilot shall arise during the full commitment of their duties.
3. Damage shall be caused as a result of an illegal act.
4. There shall be causal relation between the damage and illegal act of the seafarer or pilot.

Since Article 10.62.1 regarding liability for seafarers' and pilots' faults does not derogate the
application of Article 66 of the Turkish Code of Communications regarding the liability of
the employer, the damaged person shall have complete restriction to demand identification of
either the Turkish Code of Obligations or Turkish Commercial Code. However, since the
shipowner will have the right to be relieved from liability under Turkish Code of Obligations
when it is easy to prove the seafarer's fault, applying Article 10.62.1 of Turkish Commercial
Code will be a more favourable selection for the damaged person.

The shipowner's right to emit his liability arises from international conventions regarding the
limitation of liability to which the Turkey is a party reserved. When the shipowner is held
liable for damage caused to third parties due to the faulting acts of seafarers or pirates, he is
entitled to emit his liability in accordance with the applicable international convention
provisions.
Under normal circumstances, it is fair for everybody to be liable for their own losses.
However, where reasonable and justifiable, some such as carriers and shipowners in terms of
maritime law are made liable by law to others for their losses. Due to the high risks of
maritime transportation, their liabilities can be limited under several international
conventions. There are many international conventions on the limitation of liability of
shipowners. The leading international convention governing the limitation of shipowners;
Liability is the Convention on the Limitation of Liability for Maritime Claims, 1976.

It is a very important convention. Convention on the Limitation of Liability for Maritime

Claims. In brief, LLMC. LLMC of which Turkey is also a state party. It is a general
convention on the limitation of liability. The provisions of LLMC should imply even there is
no fact of internationality in the case. It has put into place a limitation system which is based
on the weight of the ship.

In the limitation of liability, Special Drawing Right, SDR, is used as a unit of account. SDR is
an international reserve asset. It is not a currency but its value is based on the best of five
currencies; The US Dollar, the Euro, the Chinese Renminbi, the Japanese Yen and the British
Pound Sterling.

The Master; Captain

Master, Captain. Master is the person who is in charge of the navigation and management of
the ship. The Master is the closest person to the shipowner and his representative. He is also
the most authorized person on the ship. The Master works for the shipowner, usually under
the contract of a service. He has many duties in both public and private law.

Turkish Convention Code governs the duties, authorities and liabilities of the Master in
detail. The Master has to have a specific capacity which is regulated by the regulation of
seafarers and private masters.

Duties and authorities of the Master;

The Master ensures the sea and voyage water condition of the ship and keeps the documents
with regard to the ship;Seafarers and cargo onboard the ship.

The Master keeps the loading and discharging equipment to the proposed use and supervises
the storage operations are performed in accordance with the maritime customs.

The Master provides overriding leadership in accordance with the maritime customs and
exercises due to the roles of the ship in terms of the equipment regarding acceptance and
protection of the cargo.

The Master commences the voyage at the first opportunity. Unless there is a forced measure,
the Master shall not leave the ship at the same time as the Chief Maid from the beginning of
the voyage until their load is charged.
The Master shall supervise the keeping of the logbook that the Chief Maid keeps. Logbook is
gemizulman. Unless urgent situations, the Master shall get the cargo carried by another ship
for the accounts of the cargo interest to ensure its carriage to the port of discharge or store the
cargo in a safe place or ensure the sale of the cargo at a proper price without the necessary
consultation.

The Master shall exercise due care to protect the cargo through the continuation of the
voyage for the benefit of the cargo interest.

The Master shall protect the benefits of the shipowner as needed, even though the ship gets
lost.

The Master shall help any person in danger of being lost at sea, provided that his ship and the
person thereof will not face serious danger.

In the event of an accident that involves the ship or the ship's cargo or that may result in
probable material loss, the Master shall demand the issues of the sea protests without delay,
even though the ship gets lost.

Sea protests in Turkish is Deniz Raporu.

When unexpected circumstances prevent the predetermined or customary route from being
taken, the Master may delayed from it, suspend the voyage for a short or long period, or
return to the port of departure.

Master represents the shipowner, always. The Master may enter into long contracts for the
required amount, provided it is necessary to preserve the ship or perform the voyage. Master
may conclude carriage contracts and file cases related to his duties.

When special precautions are taken to prevent or minimize damage and it is impossible to
obtain instructions regarding the cargo, the Master may discharge the cargo arbitrarily or
poorly. If required, the Master may sell the cargo or collect the cargo in order to protect or
carry it further.

Master shall conduct duties and functions with the care of a prudent Master, failing which he
may be liable to any of the parties regarding the ship and the cargo, including passengers, for
the damage arising as a result of the fault.

When there is a danger, even if the Master deems it necessary to consult the ship's officers, he
is not bound to their decisions and is always liable for the precautions he will take.

Mid-Time Contracts
Four contracts are governed by the Turkish Commercial Codes under the title of mid-time
contracts;
1. Vehicle charter contracts,
2. Time charter contracts,
3. Contracts of refreshments, and
 4. Carriage contracts of passengers' files.
Unfortunately, I could only tell you vehicle charters and time charter contracts.

A vehicle charter contract is a type of mid-time contract in which the lessor gives the vehicle
charterer the use of the ship for a specific period of time in return for a chartering fee. This is
a leasing contract, ship leasing contract. Leaving the usage of the ship refers to leaving the
technical management authority, commercial management authority, and the possession of
the ship to the vehicle charterer. The parties of the vehicle charter contract are the lessor and
the vehicle charterer. The lessor may be the owner of the ship or another vehicle charterer,
but must provide that he has the authority to conclude such sub-vehicle charter contracts.
Vehicle charter contracts can be concluded in written or oral.

There is not any specific form required. Vehicle charter contracts may be concluded through
the mutual and preferred declarations of the parties. There is not any formal requirement to
conclude a vehicle charter contract. They may be concluded in oral. However, parties to a
vehicle charter contract can demand the issuance and delivery of a vehicle charter party that
includes the conditions of the vehicle charter contract provided that they cover the cost of
issuance, according to Article 1120 of Turkish Commercial Code. The issuance of that
document is not for the contract's validity, but only to prove its existence. Moreover, unless
otherwise agreed, the parties to the vehicle charter contract have the right to demand the
registration of an annotation.

What are the rights and obligations of the lessor?

The lessor's right obligation is to deliver the ship. The lessor shall provide a seaworthy ship to
the vehicle charterer on the non-limited date and place, ready for usage relevant to the name
of the vehicle charter contract.

The lessor shall also cover the cost of repairs from the defects of the ship and replace parts
due to such repairs. When the ship fails to move for more than 24 hours due to defects, the
chartering fee shall not be paid, and if it is paid, it shall be returned. All debts and obligations
arising from seafarers' employment belong to the charterer.

In mainboard charter contracts, where the ship and its crew are put under the charterer's
order, the lessor and charterer are jointly and severally liable for all debts and obligations
arising from seafarers' employment. The fundamental right of the lessor is to demand the
payment of the chartering fee. What are the rights and obligations of the mainboard charters?
The primary obligation of the mainboard charterer is to pay the chartering fee.

It should be paid at the time nominated in the mainboard charter contract. When the time of
payment is not nominated in the mainboard charter contract, it shall be paid at the time that
the possession of the ship is transferred to the mainboard charterer in accordance with the
provisions of the mainboard charter contract. The mainboard charterer shall also cover the
demands of third parties directed to the lessor in connection with the operation of the ship,
such as the military.

The mainboard charterer has the right to use the ship for its enormous progress within the
provisions of the mainboard charter contract. For that reason, all the maintenance costs, costs
of repair and replacement that do not arise from the ship's defects and operation costs shall
belong to the mainboard charterer. The mainboard charterer is entitled to use all vital
materials and appliances left by the lessor for the ship's equipment with the contract's
provisions.

The mainboard charterer is not liable for any defect, change, or evasion of the ship or its
appliances arising from the ordinary use of the ship. Mainboard charterers shall cover the
costs of operation, replacement of the parts and repairs not included in Article 1124,
Paragraph 1. Mainboard charterers shall conclude insurance contracts against maintenance
and liability risks. Thus, the mainboard charterer shall deliver the ship in the same condition
as he received it at the beginning of the mainboard charter contract.

Well, there is a delay. Unless the lessor proves more damage, the mainboard charterers shall
pay the chartering fee which will be calculated per day for the first 15 days and twice that
amount for the following days. All claims arising from the mainboard charterer contracts
shall be timed out for one year beginning from the due date of these claims.

Now, the last topic is the time charter contract. It is similar to the mainboard charterer
contract. The time charter contract is a type of end-time contract in which the assignment
grants the commercial management of an equipped ship to the assigned.

For example, there are two persons, assigner and assignee. Assignee is a named time
charterer for a specific period of time reserved for chartering fee. The assigner who has the
ship's technical management is deemed to remain the possessor of that ship.

The most crucial difference between the mainboard charterer contract and the time
charterer contract is related to the ship's position. The ship's technical and commercial
management is the lessee in the mainboard charterer contract. In other words, the position of
the ship is the lessee.

Time charterer contracts are frequently concluded through standard forms. Since no forms are
required within the Articles of Turkish Commercial Code governing time charterer contracts
for validity, time charterer contracts can be concluded in oral. However, parties to time
charterer contracts can demand the issues and value of a time charterer party that includes the
conditions of the time charterer contract, provided that they cover the issues caused.

This document is not for the validity of the contract, it is only to prove the existence of that
contract. The parties to a time charterer contract are the assigner and assignee. The assigner
may be the ship's owner of the mainboard charterer. The assigner has the technical
management and position of the ship. He undertakes to cover the issues, general costs related
to the ship, and operational costs, such as rations and monthly fees for the seaters. The time
charterer is the person who undertakes to pay the charter fee in return for the assignment of
the commercial management of the ship for a specific period. He has the commercial
management authority to realize the commercial benefit that the ship is assigned for.
Therefore, the time charterer undertakes to pay fuel, oil costs, port fees, candle and passenger
charges, costs of loading and discharging.

What are the rights and obligations of the parties?

-The rights and obligations of the assigner;

The assigner shall bring the commercial benefit of the ship to the time charterer. He shall
obey and ensure compliance with the time charterer's instructions. The assigner shall also
operate the ship in terms of technical management. He shall prepare to assign the ship to the
ready and nominated players and act. The basic right of the assigner is to demand the
payment of the chartering fee.

-The rights and obligations of the time charterer;

The time charterer shall pay the chartering fee. It can be determined based on the debt rate of
the ship or daily. Unless otherwise agreed upon at the time of the charter contract, the
chartering fee shall be calculated monthly and in advance from the beginning of the actual
assignment of the commercial management authority to time charterer. When the ship delays
to move for more than 20 hours, like billboard charter contracts, the chartering fee is not paid
for the time that the ship is not utilisable for commerce purposes.

The time charterer shall also cover all the costs, especially the cost of fuel, oil, insufficient
amount and quality that will ensure the performance of the machines. Unless otherwise stated
in the time charter contract, the assigned time charterer has no right to transfer his
commercial management authority to anybody else or commute a sub-time charterer contract
with anybody else. The time charterer shall exercise due king 27.40 in using his right of
commercial management authority arising from the time charter contract.

Time charterer shall be liable for compensating for the damage caused by the ship's
commercial management and suffered by the assignment. The time charterer shall deliver the
ship in the noted place, time and condition. The time charterer shall pay twice the chartering
fee for the days that exceed the noted returning time. And all the claims arising from time
chartering contracts shall be time-barred for one year from the due date of these claims