Law of the Sea is the area of law that deals with the legal problems that arise in matters related to the use of sea and ocean waters. Maritime law, on the other hand, is the area of law that regulates legal transactions regarding ships and their navigation at sea. According to another definition, maritime law is regulated by the rules regarding the safety and reliability of the ship, seafarers and transported people or cargo.
In order to fully understand and apply the Maritime Law regulated in the Turkish Commercial Code No. 6102, first of all, it is necessary to know what the concept of ship is in the sense of the Law of the Sea. Because the provisions of this law are not applicable for ships that do not comply with the definition regulated in the Turkish Commercial Code.
“Any vehicle whose purpose it is assigned requires it to move in water, which has the ability to float and which is not very small, is considered a “ship” in terms of this Law, even though it cannot move on its own.”
“Every ship allocated for the purpose of providing economic benefit in the water or actually used for such a purpose is considered a “merchant ship”, regardless of who or on whose behalf or account it is used. “
The scope of the Maritime Law is thus determined in the 5th Book of the Turkish Commercial Code. Application areas are determined in Article 935 of this law.
ARTICLE 935- “(1) Without prejudice to the provisions of the law stipulating the contrary, the provisions of this Law regarding maritime trade shall apply to merchant ships.
(2) However, this Book; a) Sections titled “Ship”, “Captain”, “Ship Claims” and “Special Provisions Regarding Forced Execution”, Sections titled “Crash” and “Rescue”, provisions on limitation of liability for maritime claims, and the shipowner’s liability arising from the fault of seafarers Article 1062 on the subject, ships allocated only for navigation, sports, education, training and science purposes, such as yachts, seaman training ships,
However, it should not be forgotten that Maritime Law has an international character and cannot be explained only within the scope of the Turkish Commercial Code. Many issues have been regulated by many international conventions to which our country is a party, and for countries and maritime traders, the issues have gained legal protections through contracts and legislation. The main conventions to which Turkey is a party are as follows; “Montreux Convention, International Convention on the Unification of Certain Rules Concerning the Pledge and Concession of Maritime Transport Vehicles, International Convention on the Unification of Certain Rules Concerning the Limitation of the Responsibilities of Shipowners, International Convention on the Unification of Certain Rules Related to the Bill of Lading”
All goods transported by sea are freight. The commercial contracts that deal with the performance of this transportation in return for a price are called the Freight Contract. Conditions related to the preparation of Freight Contracts and the stage after they are prepared and implemented are a very important part of maritime trade.
Our office is mainly given on the subject of Maritime Law; provides consultancy services and legal support for the preparation of rental and sale (MOA and other related documents) contracts, business follow-up before all kinds of ports and related units, force majeure risks, giving guarantees, freight and dead freight issues, transportation agreements and compliance of clients with national and international legislation.
In addition, our office provides advice to P&I clubs, shipowners, including unsafe harbor and quay claims, non-payment of rent or freight by charterers, letter of credit disputes, shipowners’ responsibilities, cargo disputes and seizure of ships in case of non-compliance with contract terms. provides legal support to businesses and shipping agencies.
Our team also has experience in working with the Ministry, provides legal consultancy and advocacy services in the follow-up of all permits and documents such as waste acceptance facility exemption certificate, EIA not required certificate, noise assessment exemption certificate, operation certificate, brand renewal certificate, building permit, coastal facility temporary operation permit, temporary operation permit, temporary storage facility opening and operation permit, business establishment and permit license, private security permit, port facility compliance certificate.
Maritime Commercial Law cannot be handled independently from Insurance Law. In the historical process, it has been in intense contact with insurance law in order to mitigate the negative consequences of risks in maritime trade.
In the emergence of this relationship; The reasons that “the damages and dangers of the sea and sea voyage are great, the value of the ship and cargo is great, the technique of transportation at sea and the changes in this technique are important” have been effective.
The insurances that may be needed by people and companies doing business in the field of Maritime Law are as follows; “Protection and Indemnity Insurance (P&I), Boat and Machinery Insurance (H&M), Cargo Insurance, War & Strike Insurance, Loss of Hire Insurance, Piracy Insurance (Kidnap & Ransom), Freight, Depreciation and Defense Insurance (FD&D)”
Maritime Law is a field that requires expertise and experience and requires careful examination of any dispute. Our team also works with experts and lecturers in their fields and provides legal consultancy and litigation services in all areas of Maritime Law.