Maritime Law in Türkiye

'Maritime Law in Türkiye' aims to establish the general framework on the essentials of Turkish maritime law such as 'ship', 'related persons' and 'related contracts'. The 'ship' which is the main subject of maritime law, is examined in accordance with the related articles of TCC. Within this scope, the legal importance of the ship is examined through several aspects such as definition of 'ship', parts of ship, classification of ship, legal nature of ship together with its loss, and discriminating facts of ship. In addition, ship registers, acquisition-loss of ship ownership, ship mortgage and maritime liens are also examined in the book. The owner, who is surely the most important actor of maritime law, is examined in terms of the definition placed under TCC to define him and liabilities attributed to him, including limited liability. Additionally, shipping partnership, bareboat charterer, time charterer, voyage charterer, master and seamen are also examined in the book. The carrier, whose liabilities have been subject to numerous academic writings and legislative studies, is examined under related international conventions and TCC in terms of his rights and especially his liabilities. Furthermore, some of the transport intermediaries such as freight forwarder, agency and broker, and actors from the cargo side such as shipper, consignor and consignee are also examined in the book. 'Maritime contracts' combine the main subject of maritime law, namely the ship and the main actors of maritime law. Thus, frequently used maritime contracts such as bareboat charter contract, time charter contract and contract of affreightment are examined in accordance with the related articles of TCC. Especially, contract of affreightment is examined in terms of its classification, execution and termination. In conjunction with these contracts, maritime documents such as bill of lading and other transport documents are also examined. Lastly, special articles of TCC governing marine accidents such as general average, collision and salvage are examined in the book.(ARKA KAPAKTAN)   CONTENTS   §1. Introduction Part I General Overview on Maritime Law in Türkiye §2. Classification of Law of the Sea §3. Uniformity of Maritime Law §4. Management of Maritime Transportation §5. Sources of Maritime Law I. Related International Conventions and TCC II. Related Codes III. Related By-laws and Regulations   Part II Main Subject of Maritime Law: Ship §6. Legal Importance of Ship I. Definition of 'Ship' II. Parts of Ship III. Classification of Ship IV. Legal Nature of Ship and Its Loss V. Discriminating Facts of Ship §7. Ship Registers I. Turkish National Ship Register II. Turkish International Ship Register III. Register for Ships under Construction IV. Home Port Log §8. Ship Ownership I. Acquisition of Ownership II. Loss of Ownership §9. Ship Mortgage I. Creation II. Types of Ship Mortgage III. Scope of the Ship Mortgage IV. Amount of the Secured Claim V. Termination §10. Maritime Liens I. Maritime Claims II. Property Subject to Maritime Liens III. Scope of Security IV. Priority of Maritime Liens V. Assignment and Subrogation VI. Termination   Part III Main Actors of Turkish Maritime Law §11. Owner I. Definition of Owner II. Liabilities of Owner III. Limited Liability of Owner §12. Shipping Participation I. Formation II. Management III. Termination §13. Charterers §14. Master I. Duties of the Master II. Authorities of the Master III. Liabilities of the Master §15. Seamen §16. Carrier I. Maritime Carrier under International Conventions II. Maritime Carrier under TCC §17. Transport Intermediaries I. Freight Forwarder II. Agency III. Broker §18. Cargo Interests   Part IV Maritime Contracts and Related Documents §19. Bareboat Charter Contract I. Form of the Contract II. Parties of the Contract III. Rights and Obligations of the Parties IV. Time Bar §20. Time Charter Contract I. Form of the Contract II. Parties of the Contract III. Rights and Obligations of the Parties IV. Time Bar §21. Contract of Affreightment I. Classification: Voyage Charter Contract vs. Contract of Carriage II. Form of the Contract III. Execution of the Contract of Affreightment IV. Finalization of the Contract of Affreightment V. Time Bar §22. Bill of Lading I. Functions of Bill of Lading II. Types of Bill of Lading III. Presumptions that Stand under Bill of Lading IV. Letter of Guarantee V. Time Bar §23. Other Transport Documents   Part V Marine Accidents §24. General Average I. Definition and Components of General Average II. Types of General Average III. Debtors of General Average IV. Adjustment of General Average V. Time Bar §25. Collision I. Definition and Components of Collision II. Types of Collision III. Evidence of Collision IV. Time Bar §26. Salvage I. Definition and Components of Salvage II. Salvage Contract III. Salvage Reward IV. Special Compensation V. Obligations of the Parties VI. Salvage of Persons VII. Time Bar §27. Conclusion   List of References ANNEXE