‘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)

§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

-ANNEXES