With its strategic location and dynamic business market, Turkey is a great place to conduct business, including maritime transactions. Knowledge of shipping laws in Turkey plays an essential role in regulating laws, regulations, and rules in the shipping industry. To offer you a better understanding, this article will explore all the required information related to shipping laws in Turkey.
Turkish Commercial Code: What Does It Say?
Turkey's shipping law and regulations offer a strong legal foundation for maritime law and operations. The Turkish Commercial Code governs aspects of shipping such as marine casualties, cargo claims, passenger claims, arrest, and security. It governs the rights and responsibilities of all parties involved in marine transactions, including shipowners, charterers, carriers, and cargo owners. It also controls many other elements of maritime commerce.
For more information, Istanbul Lawyer Firm, a Turkish law firm, can provide you with legal assistance in Turkish shipping laws with English-speaking lawyers. Our team of experts in Turkish transportation law can help you solve legal problems and answer all your questions regarding international shipping laws. Working with Turkish transportation lawyers in the broad field of shipping laws in Turkey may help you smoothly operate your business and transactions.
Marine Casualty Laws in Turkey
The Turkish Commercial Code and the Turkish Code of Obligations are responsible authorities in governing Marine casualty laws considering the shipping laws in Turkey. The Turkish Act on Ports has the right to deal with legal actions for shipwreck removal in the case of marine casualty. Within the port zone, the Harbour Master has the authority to order the clearance of a wreck.
Navigating Shipping Laws in Turkey: Cargo Claims
Governed by the Turkish Commercial Code and the Turkish Code of Obligations, the laws and the rights and obligations of carriers, shippers, and consignees regarding cargo transportation and handling cargo claims in Turkey are outlined. According to the rules of shipping laws in Turkey, when the cargo is in the transporter's custody, the transporter is responsible for any loss, damage, or delay in delivery caused by any possible reasons. On the other hand, the transporter disclaims all liability for any harm that may have resulted from rescuing or attempting to save persons or property while at sea.
Arrest and Security in Maritime Disputes
Under the Turkish Commercial Code, a ship can only be arrested if the claim against it qualifies as a maritime claim. The claimant must provide sufficient evidence to prove that the claim meets the criteria of a marine claim and must clearly state the claim's value. The vessel may be arrested as stated in terms of loss or harm brought on by the ship's operations, loss of or damage to items carried on board.
In general, the owner or demise charterer of the ship at the time the maritime claim arose must still be the owner of the ship at the time of arrest, except in certain limited circumstances. Otherwise, considering shipping laws in Turkey, initiating an arrest without meeting these conditions can be regarded as wrongful and may result in liability for the claimant.
Passenger Claims and Rights
Turkey complies with national and international laws to protect passengers' rights when traveling by sea. One of the most influential regulatory bodies is the Athens Convention on the Carriage of Passengers, which imposes liability on carriers if passengers get hurt or pass away. According to this, the carrier is responsible for the passenger's injuries or death as well as any damage to their belongings.
Navigating Evidence in Maritime Disputes
The Turkish Code of International Private Law and Civil Procedural Law regulates the enactment and implementation of foreign judgments in the area of shipping laws in Turkey. To enforce or recognize a foreign judgment in Turkey, a reciprocal agreement between Turkey and the nation where the judgment was entered, or a legal provision allowing the execution of Turkish court decisions in that nation is required.
Procedural Aspects of Maritime Law in Turkey
Under Turkish law, the Chambers of Commercial Courts handle all disputes and procedural aspects regarding maritime law and maritime claims. The Supreme Council of Judges designates these courts and Prosecutors to handle maritime law concerns. In the absence of a Commercial Court, the same cases may also be submitted to the First Chamber of the Civil Court of First Instance within the context of shipping laws in Turkey.
Enforcement of Foreign Judgments and Awards
Under the shipping laws in Turkey, the Turkish Code of International Private Law and Civil Procedural Law manages the acknowledgment and implementation of foreign judgments within Turkey. To enforce or recognize a foreign judgment in Turkey, there must exist either a mutual agreement between Turkey and the country of origin of the judgment, a de facto reciprocity understanding, or a legal provision permitting the execution of Turkish court judgments in that specific country.
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