Maritime Commercial Law

What is Maritime Commercial Law?

Maritime commercial law is a special branch of private law that regulates commercial activities carried out by sea, ship operation, maritime contracts and marine accidents. This field forms the legal framework of international maritime trade, ensuring the safe and orderly functioning of the maritime sector.

Due to Turkey being surrounded by seas on three sides and having an important maritime history, maritime commercial law is of great importance for our country. This field covers complex legal issues, including both national and international regulations.

Our Maritime Commercial Law Service Areas

Ship Law

Concept and Features of Ship

In legal terms, a ship is a watercraft that can navigate at sea and is used for commercial purposes.

Legal Features of Ship:

• Movable Property Nature: Ship is considered movable property
• Registry Record: Registered in ship registry
• Flag State: Which country's flag it carries
• Ownership Rights: Ownership and operation rights
• Mortgage Rights: Ship mortgage can be established

Ship Registry

Ship registry is the official registry where the legal status of ships is recorded.

Registry Records:

• Ship ownership information
• Technical specifications
• Mortgage and lien rights
• Seizure and precautionary decisions
• Flag changes

Maritime Contracts

Freight Contract

Freight contract is a transportation contract made between the cargo owner and the ship owner.

Elements of Freight Contract:

• Parties: Cargo owner and ship owner
• Cargo: Goods to be transported
• Route: Loading and discharge ports
• Freight: Transportation fee
• Duration: Transportation period

Charter Party Contract

Charter party is a contract for renting all or part of a ship.

Types of Charter Party:

Marine Insurance

Types of Marine Insurance

Various types of insurance are available against risks encountered in maritime activities.

Basic Insurance Types:

• Hull Insurance: Insurance for the ship itself
• Cargo Insurance: Insurance for transported cargo
• Freight Insurance: Insurance for transportation fee
• Liability Insurance: Liability to third parties
• P&I Insurance: Protection and indemnity insurance

Risks in Marine Insurance

Marine Accidents and Liability

Types of Marine Accidents

Various types of accidents can occur during maritime activities.

Common Accident Types:

• Collision: Collision of two or more ships
• Grounding: Ship running aground in shallow water
• Fire: Fire on ship
• Sinking: Ship taking water and sinking
• Cargo Damage: Damage to transported cargo

Types of Liability

General Average

Concept of General Average

General average is the sacrifices and expenses made to save the ship and cargo from common danger.

General Average Conditions:

• Common Danger: Danger threatening ship and cargo
• Voluntary Sacrifice: Consciously made sacrifice
• Reasonable Purpose: Common safety purpose
• Successful Result: Success of salvage operation

General Average Adjustment

General average adjustment is the process of sharing sacrifices and expenses among interest holders.

Adjustment Process:

1. Appointment of average adjuster
2. Determination of sacrifices and expenses
3. Determination of saved values
4. Calculation of sharing ratio
5. Preparation of final adjustment

Maritime Lien Rights

Maritime Lien Rights

Maritime lien rights are special lien rights established on ships.

Types of Lien Rights:

• Legal Lien Rights: Rights arising from law
• Contractual Lien Rights: Rights arising from agreement
• Ship Mortgage: Registered lien right
• Seizure: Seizure imposed by court order

Priority Order

The priority order of maritime creditor rights is determined by law.

Priority Ranking:

1. Court costs
2. Salvage fees
3. Port and canal fees
4. Crew claims
5. Ship mortgage
6. Other claims

International Maritime Law

International Conventions

Maritime activities are regulated by international conventions.

Important Conventions:

• SOLAS: Safety of Life at Sea Convention
• MARPOL: Marine Pollution Prevention Convention
• STCW: Seafarers Training Convention
• MLC: Maritime Labour Convention
• Hague-Visby Rules: Bill of lading rules

Flag State and Port State Control

Maritime Trade Disputes

Types of Disputes

Various types of disputes can arise in maritime activities.

• Freight Disputes: Transportation fee disagreements
• Damage Disputes: Cargo damage compensations
• Delay Disputes: Delivery delays
• Charter Party Disputes: Rental disagreements
• Insurance Disputes: Coverage scope disagreements

Dispute Resolution Methods

Advantages of Our Maritime Commercial Law Consultancy