Kategori: Diğer Dildeki Yayınlar
Yazar: Nil Kula Değirmenci
Yayınevi: On Iki Levha Yayıncılık
Maritime Law in Turkey
Tanıtım Bülteni
Maritime Law in Turkey' aims to establish the general framework on the essentials of Turkish maritime law such as 'ship', 'related persons' and 'related contracts'. Thus 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 many academic writings and legislative studies, is examined under 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 finalization. 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) Content §1. IntroductionPart I General Overview on Maritime Law in Turkey§2. Classification of Law of the Sea§3. Uniformity of Maritime Law§4. Management of Maritime Transportation§5. Sources of Maritime LawI. Related International Conventions and Turkish Commercial Code II. Related CodesIII. Related By-laws and Regulations Part IIMain Subject of Maritime Law: Ship§6. Legal Importance of ShipI. Definition of 'Ship'II. Parts of ShipIII. Classification of ShipIV. Legal Nature of Ship and Its LossV. Discriminating Facts of ShipA. NameB. TonnageC. Nationality1. Right to Fly the Turkish Flag2. Exceptions to the Right to Fly the Turkish Flag3. Ship Certificate and Flag Certificate4. Loss of Right to Fly the Turkish Flag5. Penalties6. CabotageD. Home Port§7. Ship RegistersI. Turkish National Ship RegisterA. Legal Characteristics of the RecordsB. Registration C. Amendment D. CancellationII. Turkish International Ship RegisterIII. Register for Ships under ConstructionIV. Home Port Log§8. Ship OwnershipI. Acquisition of OwnershipA. Original Acquisition1. In Terms of Registered Ships2. In Terms of Unregistered Ships3. In Terms of Ship Shares and Partnership SharesB. Derivative Acquisition1. In Terms of Registered Ships2. In Terms of Unregistered Ships3. In Terms of Ship Shares and Partnership SharesII. Loss of Ownership§9. Ship MortgageI. CreationII. Types of Ship MortgageIII. Scope of the Ship MortgageIV. Amount of the Secured ClaimV. Termination §10. Maritime LiensI. Maritime ClaimsII. Property Subject to Maritime LiensIII. Scope of SecurityIV. Priority of Maritime LiensV. Assignment and Subrogation VI. Termination Part IIIMain Actors of Turkish Maritime Law§11. OwnerI. Definition of OwnerII. Liabilities of OwnerA. Liability for Own Acts and Omissions (TCO art.49 and art.112)B. Liability for Servant's Acts and Omissions (TCO art.66 and art.116)C. Liability for Seamen's and Pilots' Faults (TCC art. 1062, para.1)D. Liability for Legal Transactions Performed by the Master (TCC art. 1103 and art. 1104)E. Liability for General Average Contribution (TCC art. 1274)F. Liability for Faulty Collision and Salvage Reward (TCC art. 1288 and art. 1306, para.1)G. Liability for Marine Pollution (Code on Environment art.28; TCC art.1336)III. Limited Liability of Owner§12. Shipping Partnership I. FormationII. ManagementIII. Termination§13. Charterers§14. MasterI. Duties of the MasterII. Authorities of the MasterIII. Liabilities of the Master§15. Seamen §16. CarrierI. Maritime Carrier under International ConventionsII. Maritime Carrier under TCCA. Liability for Providing Unseaworthy, Unvoyageworthy and Uncargoworthy Ship (TCC art. 1141)B. Liability for Loading Cargo to Another Ship (TCC art. 1150)C. Liability for Carriage of Cargo on Deck (TCC art. 1151)D. Liability for Unlawful Deviation (TCC art. 1220)E. Liability for Breach of Exercising Duty of Care for the Cargo (TCC art. 1178)1. Basis of Liability2. Examination, Notification and Time Bar3. Exemption from Liability4. Limitation of LiabilityF. Liability for Acts and Omissions of the Actual Carrier (TCC art. 1191)G. Rights of the Carrier1. Right to Demand Freight2. Right to Exercise Retention3. Right of Recourse §17. Transport IntermediariesI. Freight ForwarderII. AgencyIII. Broker §18. Cargo Interests Part IVMaritime Contracts and Related Documents§19. Bareboat Charter ContractI. Form of the ContractII. Parties of the ContractIII. Rights and Obligations of the PartiesA. Rights and Obligations of the LeasorB. Rights and Obligations of the Bareboat ChartererIV. Time Bar§20. Time Charter ContractI. Form of the ContractII. Parties of the ContractIII. Rights and Obligations of the Parties A. Rights and Obligations of the AssignorB. Rights and Obligations of the Time ChartererIV. Time Bar§21. Contract of AffreightmentI. Classification: Voyage Charter Contract vs. Contract of CarriageII. Form of the ContractIII. Execution of the Contract of AffreightmentA. Loading1. Usage of the Determined Ship2. Preparation of the Ship for the Voyage3. Notice of Readiness4. Liabilities of Shipper and Consignor Related to Loading5. Laytime for Loading 6. Demurrage for LoadingB. Discharging 1. Notice of Readiness2. Laytime for Discharge3. Demurrage for Discharge IV. Finalization of the Contract of AffreightmentA. Termination by the Parties to Contract of Affreightment1. Termination by the Carrier2. Termination by the Shipper 3. Impossibility of Fulfillment B. Through the General Provisions of TCOC. Invalidity in accordance with the Provisions of TCC1. Loss of the Ship 2. Loss of the CargoV. Time Bar§22. Bill of LadingI. Functions of Bill of LadingA. A Tool for Proving B. Represents the Title of the CargoII. Types of Bill of Lading III. Presumptions that Stand under Bill of LadingIV. Letter of GuaranteeV. Time Bar§23. Other Transport Documents Part VMarine Accidents§24. General AverageI. Definition and Components of General Average II. Types of General Average III. Debtors of General AverageIV. Adjustment of General AverageV. Time Bar§25. CollisionI. Definition and Components of CollisionII. Types of CollisionA. Faultless CollisionB. Faulty CollisionIII. Evidence of CollisionIV. Time Bar§26. SalvageI. Definition and Components of SalvageII. Salvage Contract III. Salvage Reward IV. Special CompensationV. Obligations of the Parties VI. Salvage of PersonsVII. Time Bar§27. ConclusionANNEXES
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