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Admiralty law

Admiralty law

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  • Feb 7, 2021

Maritime law

Maritime law is the branch of law that regulates commercial relations on the sea.


Pursuant to Article 931 of the Turkish Commercial Code, "Every vehicle that is intended to move in water, has a swimming feature and is not very small, is considered to be a" ship "in terms of this Law, even though it is not possible to move by itself. When the ship sinks beyond salvage or becomes irreparable, it loses its quality as a ship. Each ship must bear a different name than other ships. The name of the ship is written on both sides and stern and is recorded in the ship registry.

Every ship has to have a mooring port. According to the article 819 of the Turkish Commercial Code, the mooring port is "the port where the voyages belonging to the ship are administered". The mooring port is also written in legible letters on the stern of the ship.

British ships measuring system in Turkey to express the volume of ships has been accepted. Accordingly, the volume of the ship is measured as follows:

Net tonnage: The volume of the ship's enclosed spaces reserved for freight and passenger carriage only.

Gross tonnage: The volume of all covered parts of the ship.

English tonalge is used in the measurement. 1 British tonnage is 2.83 cubic meters.

Ship Registry

It is the name given to the registry in which the records of the ships are kept. Turkey coast Ship Registry is divided into ten registry office according to the Regulation: Iskenderun, Mersin, Antalya, Izmir, Istanbul, Bandirma, Istanbul, Zonguldak, Samsun, Trabzon. Merchant ships with a volume exceeding 18 gross tons (50.94 cubic meters), except for warships and state-owned ships, are required to be registered in the ship registry. Real rights on the ship such as property, mortgage and usufruct are also recorded in the registry. The conditions for registration in the Turkish ship registry are as follows: 1. The ship has the right to fly a Turkish flag. 2. It is not registered in a foreign ship registry. 3. It is a registered ship. If the ship sinks beyond recovery, becomes irreparable or loses the right to fly the Turkish flag, it will be deleted from the register upon request.

Ship mortgage

It is established on the ship and ship shares with the agreement of the ship owner and the creditor on this matter and registration in the ship registry. The contract must be in writing and the signatures must be notarized. Ship mortgage includes:

1. The ship itself, its integral parts and attachments unless otherwise agreed. 2. Rent and freight income. 3. Insurance compensation. 4. Sale price in case the ship is sold by force or compulsory execution by the captain.

Mortgaged creditors have priority over ordinary receivables. The mortgage ends in the following cases: The destruction of the ship, the expiry of the receivable, the tender of the ship as a result of enforcement proceedings, the sale of the ship by the captain in case of necessity, the mortgage being deleted from the registry, albeit accidentally.

Right to fly the Turkish flag
Due to the capitulation of maritime trade is almost entirely before the Republic of Turkey Republic of Turkey in the territorial waters of the sea trade with the establishment of the republic in the hands of foreigners due to some concessions in order to perform legally recognized to citizens. The foremost of these is the right to fly the Turkish flag. Cabotage law pursuant to move freight and passenger maritime carry out their activities in Turkey and other coastal privilege belongs only to vessels flying the Turkish flag.

Only Turkish ships can fly the Turkish flag in accordance with Article 823 of the Turkish Commercial Code. The ship whose ownership is Turkish is considered a Turkish ship. If the ship is the property of more than one real person, all of the owners must be Turkish citizens. If the ship is the property of a legal person, the fact that the legal person is established in accordance with Turkish laws and that the majority of the persons forming the administrative body in organizations such as associations and foundations are Turkish, or if there is a trade company, the company must be registered in the Turkish Trade Registry, the majority of the shareholders with administrative and representation authority are Turkish and the company According to the agreement, the majority of the votes must be with the Turkish partners.

If a Turkish citizen has left the ship to a foreigner for at least one year to operate on his behalf and the laws of the country to which the operator is subject allow the change of flag, the Undersecretariat of Maritime Affairs may grant the Turkish ship the right to fly a foreign flag upon the request of the owner. Again, if a Turkish citizen will operate a foreign ship for at least one year, the foreign ship can fly a Turkish flag during the operating period with the permission of the Undersecretariat of Maritime Affairs, if the laws of the country to which the owner is subject allow the flag change, and the shipowner consents. However, in order to benefit from the cabotage monopoly in accordance with Article 2 of the Cabotage Law, in addition to the right to fly the Turkish flag, the operators of the ship must also be Turkish citizens.


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