Maritime Law & Shipping Law
Maritime transport today serves the transport of high-volume or heavy goods in a wider geography compared to road transport, air transport and even rail transport due to logistics. Ever-spreading maritime transports require norms that regulate and explain the terms of maritime commerce, risks and dispute resolution methods. In this respect, Maritime Commerce Law was invented. In Turkish Commercial Code, a ship is a vessel that is not too small by maritime standards, appointed to a specific purpose, able to move in water.
Goods that are transported by sea are called cargo while the commercial contracts that determine the transport of these goods in exchange for a fee are called contracts of affreightment. Contracts of affreightment are divided into two in terms of the rights of the shipper. Voyage charters are contracts that assign a specific part of the ship to the shipper while time charters are contracts that assign the commercial command of the ship to the shipper for a specific amount of time.
The freight conventions are called as Kırkambar Convention where ship specificization is not the case and only freight is committed to be transported from one port to another. In practice, the transport of these loads by this contract, cargo transportation or mixed cargo transportation names are also given.
The Kırkambar contracts allow freighters to make freight contracts for many small parties with a single ship and increase the possibility of earnings.
In such transports, the approval of the vehicle is sought only in cases where the deck will be used while determining the place where the loads subject to contract shall be placed.
Contract of affreightment and other subcontracts on freight should not be confused with the Charter agreements. Because the main purpose of the contract of afreighment is to receive cargo transportation service on the sea. In the Charter Agreements, the owner is obliged to temporarily deliver his ship to a third party for a fee.
In the Charter Agreements, no transportation debt is entered under. The lessee shall have the right to use the vessel in accordance with the purpose of allocation and, if applicable, within the limits specified in the contract.
The place where a ship’s voyages are managed is called the mooring port of that ship. The ship shall be registered with the registry office at the location of the mooring port.
The mooring port must be written on the stern of the ship, otherwise the captain will be prosecuted and imprisoned or fined.
The courts in the mooring port are authorized for the cases to be opened against the equipment arising from the capacity of equipping. The applicable law is determined according to the flag of the ship.
Each ship has a flag, which is the flag of the nationality to which the owner belongs. The majority of shares in ships subject to joint ownership; for ships subject to joint ownership, the majority of owners determine the flag of the ship.
Thus, instead of wasting time on issues such as flag law of ships or determination of the location of mooring ports, the parties can determine in advance where and by which rules the disputes will be settled.
Antalya Lawyer Barış Erkan Çelebi provides in the field of maritime trade. Rights and responsibilities of the carrier, vehivle and insurers due to damage, loss and delay in the sea transportation, limitation of liability and liability of the equipment, contract of affreightment , charter agreement, disputes arising from bill of landing, recap of fixture, demurrage, cracking, general average, ship registry, ship provides legal servicesin construction, yact construction and sale.