PRACTICE AREAS

What is Maritime Law?

Maritime Law is a specialized branch of private law that regulates commercial activities carried out by sea. This field covers topics such as ship operation, carriage contracts, marine insurance, salvage, collision, and maritime claims. With its international dimension, this branch of law is regulated by Book 5 of the Turkish Commercial Code and is influenced by international conventions and practices.

Today, as a significant portion of global trade is conducted via sea, Maritime Law plays a vital role in defining the rights and obligations of various parties such as shipowners, masters, cargo owners, insurance companies, and port operators.

Scope of Maritime Law

This branch of law regulates various legal relationships connected to maritime transportation. Its main areas include:

• Ship and Shipowner Law: A ship is defined as an independent asset, and the person with the right to operate it is called the shipowner.
• Contracts of Carriage by Sea: These involve agreements for transporting goods from one location to another by sea.
• Powers and Responsibilities of Masters: The ship’s master acts as both a commercial representative and the person responsible for managing the ship.
• Collision: Regulates compensation for damages caused by collisions between vessels.
• Salvage and Assistance at Sea: Covers rules for rescuing ships, cargo, or passengers in danger at sea.
• Maritime Claims and Mortgages: Maritime claims can be secured by establishing liens or mortgages on the vessel.

Contracts of Carriage

Contracts of carriage, a critical component of Maritime Law, are especially important in cargo transportation. In such agreements, the carrier undertakes to safely transport the cargo from a designated port to another.

• The carrier is obligated to protect and deliver the cargo.
• The cargo owner is responsible for paying the freight.
• In case of disputes, transport documents (such as bills of lading) serve as evidence.

Marine Insurance

Insuring ships, cargo, and freight against the risks encountered in maritime activities is essential. Marine insurance provides financial protection against risks such as maritime accidents, fire, storms, and collisions.

• Hull insurance
• Cargo insurance
• Liability insurance (P&I)

International Dimension and Practices

Since Maritime Law has an international character, it is intertwined with numerous international conventions and regulations. Turkey is a party to many of these agreements. Notably, the Hamburg Rules, Hague-Visby Rules, and CMR shape the law of carriage.

Therefore, individuals and institutions engaged in maritime trade must consider not only domestic legislation but also international practices.

Legal Consultancy and Litigation in Maritime Law

Maritime Law is a highly technical and specialized field. Obtaining professional support in areas such as ship sales, carriage contracts, collisions, salvage, insurance claims, and vessel arrest procedures is crucial.

• Drafting and interpretation of contracts
• Handling insurance claims
• Port, customs, and flag state procedures
• Domestic and international maritime arbitration processes

Conclusion

Maritime Law provides the legal foundation for maritime transport activities, which form the backbone of international trade. Ensuring the rights of both operators and cargo owners requires adherence to legal regulations in this field. Receiving consultancy from an expert in the field is highly valuable in preventing potential disputes and ensuring smooth commercial operations. Contact us for more information and professional legal consultancy services.