Maritime Law

Scope of the Practice

Maritime Law (Deniz Ticareti Hukuku) at Turak Law covers the matters that arise where Turkish maritime jurisdiction meets cross-border shipping, yacht ownership, and the carriage of goods by sea. The principal statute is the Turkish Commercial Code (Türk Ticaret Kanunu — TTK) No. 6102, Book 5 (Articles 931–1400), which governs vessels, shipping contracts, maritime liens, average, salvage, collision, and marine insurance. Turkey's maritime jurisdiction extends across the Black Sea, the Marmara, the Aegean, and the Mediterranean coastlines — and Istanbul straddles the Bosphorus, one of the world's most-trafficked international straits, with its own treaty-based regulatory regime.

The pillar serves clients on vessel registration (including foreign-owned yachts and commercial vessels seeking Turkish flag), charter party drafting and dispute resolution, marine insurance and casualty claims, port-state control disputes, and the admiralty matters that arise at Turkish ports. Maritime arbitration before specialist tribunals (where elected) and litigation before commercial courts with maritime jurisdiction are both within scope. The Turkish International Ship Registry (Türk Uluslararası Gemi Sicili — TUGS) provides a specific flag-state option for international commercial vessels, with tax and operational advantages over the standard national registry.

Specific Services

• Turkish-flag vessel registration. National registry and Turkish International Ship Registry (TUGS) registration under TTK Book 5 and TUGS Law No. 4490.
• Charter party drafting and review. Voyage charters, time charters, bareboat charters; English-law and Turkish-law governing-law options; standard-form adaptations.
• Marine insurance and casualty claims. Hull, P&I, cargo insurance; claims for partial loss, total loss, and constructive total loss.
• Salvage and wreck removal. Salvage agreements (including Lloyd's Open Form and adaptations); wreck-removal proceedings under TTK Book 5.
• Collision and general average. Liability allocation under TTK Book 5; York-Antwerp Rules adjustments.
• Port-state control disputes. Detention challenges, deficiency rectification, claims against port authorities and harbor masters.
• Crew employment and seafarer welfare. Crew contracts, wage claims, repatriation matters under the Maritime Labour Convention 2006 (ratified by Turkey).
• Yacht acquisition for foreign owners. Yacht title, registration, mortgages, and charter-fleet structures for non-Turkish principals.

Statutory Authority

Cross-Border Considerations

Maritime law is inherently cross-border: a vessel calls at multiple jurisdictions on a single voyage, and the choice of governing law in a charter party often determines outcomes more than statutory residence does. Turkish-flag vessels operate under Turkish law for crew matters and certain operational requirements regardless of port of call. Foreign-flag vessels in Turkish waters are subject to Turkish jurisdiction for casualty, detention, and port-state control matters. The Bosphorus and Dardanelles are international straits governed by the 1936 Montreux Convention — a treaty-based regime that affects transit-related claims and Turkish regulatory authority over passage. Yacht ownership structures for foreign clients increasingly use Turkish International Ship Registry registration for flag, tax, and operational advantages.