With its strategic location bridging Europe and Asia, Turkey plays a pivotal role in international shipping and maritime commerce. Navigating Turkish shipping laws is essential for any company operating in this sector. In this article, ER&GUN&ER Turkish Law Firm, a trusted Istanbul Lawyer Firm, provides a comprehensive guide to maritime regulations in Turkey, from marine casualties to cargo claims and vessel arrest procedures.
Turkish Commercial Code and Maritime Law
Turkish maritime operations are primarily governed by the Turkish Commercial Code (TCC), which regulates marine casualty liability, carrier obligations, shipowner responsibilities, cargo claims, and vessel arrest. The law aims to harmonize Turkish shipping law with international standards, ensuring legal predictability in maritime transactions.
Marine Casualty Regulations
Marine casualties such as shipwrecks, collisions, and environmental damage fall under the jurisdiction of the Turkish Code of Obligations and the Act on Ports. The Harbour Master has authority over shipwreck removal and safety operations within Turkish territorial waters.
Cargo Claims and Carrier Liability
Carriers in Turkey are liable for the loss, damage, or delayed delivery of cargo while it is in their custody. However, liability may be limited in cases involving natural disasters or rescue efforts. The rights and obligations of carriers, shippers, and consignees are regulated under the Turkish Commercial Code and Turkish Code of Obligations.
Vessel Arrest and Maritime Claims
Under the TCC, a vessel can only be arrested for valid maritime claims. The claimant must submit evidence proving the nature of the claim and its monetary value. A vessel may be arrested for liabilities such as collision damages, unpaid cargo charges, or seafarer wage disputes. Improper arrest can lead to legal liability.
Passenger Claims and Compensation
Turkey is a party to the Athens Convention, which governs passenger claims involving injury or death during maritime travel. Shipowners and carriers may be held liable for passenger-related losses, including damage to baggage, depending on the level of fault.
Evidence and Documentation in Maritime Disputes
Maritime litigation in Turkey relies heavily on documentary and testimonial evidence. Parties can request inspection of ships or cargo and may seek preservation of evidence through urgent applications before courts. Foreign documents must be legalized and translated into Turkish.
Enforcement of Foreign Judgments and Arbitration Awards
Foreign maritime judgments or arbitration awards can be enforced in Turkey under the Turkish Code of International Private and Procedural Law. This requires either a reciprocal treaty or a showing that Turkish judgments are enforceable in the originating country. Arbitration awards are also recognized under the New York Convention.
Jurisdiction and Court Procedures
Maritime disputes are heard by Commercial Courts of First Instance or, in their absence, Civil Courts of First Instance. The jurisdiction depends on the location of the port, ship registration, or occurrence of the event in question. Legal procedures follow the civil law system, and urgent injunctions may be granted in vessel arrest cases.
Legal Assistance for Maritime Operations
Operating in the Turkish maritime sector involves complex legal issues. Whether you are facing a cargo dispute, vessel arrest, or enforcement of foreign awards, working with a Turkish Lawyer experienced in shipping law is essential. At Istanbul Lawyer Firm, our English-speaking legal team offers comprehensive support to domestic and international shipping clients.
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