The Turkish Commercial Code includes the Maritime Law which is very important for the foreign investors interested in doing business in this field in Turkey. This law regulates major issues, such as: buying/ selling ships, the rights of an owner of a vessel, how to use the Turkish flag, the owner’s liabilities etc. The owner of a ship is allowed to sell shares of it only if the vessel is legally registered. The operator of a ship has certain liabilities and it is responsible in front of third parties; more details about the operator’s liabilities are to be found in the Maritime Law.
The carrier has certain responsibilities for loss or damage of the goods that he transports if he didn’t take the necessary measures for the security of his mission. The Code of Obligations stipulates what happens in case of losses caused by delays or others that are not a direct responsibility of the carrier. The carrier’s liabilities related to losses and damages are also stipulated by the Hague Rules.
In the Commercial Code, a foreign investor may find the regulations related to loading, discharging, the transportation of goods and the accidents that may happen on the sea. The accidents are also regulated by the international legislation. The Turkish authorities are represented by the Coastal Safety and Vessel Salvage Management, an entity that is present in all the ports of Turkey and in its waters.
If the creditor wants to recover his debts from the owner of a ship, he must respect the provisions of the Turkish Commercial Code. The ships may be sold at auctions in order for the debts to be recovered. If there are two or many parties in a legal dispute, they may let a foreign court decide, if there is not a case related to public order.
The Maritime Law in Turkey is inspired by the German laws and the rules related to maritime trade were created in accordance with the Anglo-Saxon regulations.
Foreign entrepreneurs interested in Maritime Law in Turkey and who want to open a business in this field may contact our law firm in Turkey. Our Turkish attorneys offer legal services for international clients all over the world and help them register the desired type of company.