TOĞAN LAW OFFICE
MARITIME LAW
As Toğan Law Office located in Bandırma district of Balıkesir province, with its staff of Commercial Law Lawyer, it provides its clients with legal services in the following matters. The conditions of sea transports and related risks caused special arrangements; Accordingly, the ships navigating at sea has revealed various legal relations between individuals and between individuals and states; The society of private law that regulates all these relationships is called “Law of the Sea”.
Maritime trade is a phenomenon with economic, technical and legal aspects, and maritime law is a branch of maritime law that regulates the trade relations carried out on the sea.
In today’s maritime law, states have started to act jointly as the parties can be made up of different nations and have international qualifications in their disputes. The importance of the issue in terms of international law has led to international agreements on this matter. The main international agreements on this subject are as follows;
• Convention on Limitation of Liability Against Sea Claims,
• Anti-Collision Regulation at Sea,
• Montreux Agreement,
• Contract for the Establishment of the International Maritime Organization,
• Bilateral or Multilateral Maritime Law Agreements to which States are Parties.
• Struggle on the Revolution of Some Pedestals Interfering with Naval Contests,
• International Convention on the Approval of Some Rules Related to the Pledge and Concession of Maritime Vehicles,
• Agreement on the Dismantling of Some Bases Responding to Marine Aid and Rescue Works,
• International Convention on the Elimination of Certain Bases of Exemptions from State Vessels,
• International Convention on the Approval of Certain Bases Regarding the Assignment of the Responsibilities of the Ship Owners,
• International Convention on the Deposits of Certain Pedestals to the Bill of Lading,
• International Convention on the Legal Responsibility of Damage Caused by Oil Pollution,
Sea trade is mostly carried out through transportation. Approximately 95% of them are foreign transportation (Import, Export, Transit) and 5% are cabotage. Turkey is one of the first countries in the field of transport; According to the data of the Ministry of Transport, Maritime Affairs and Communications; In 2019, 89 thousand 111 ships passed through the Dardanelles and Istanbul Straits. In the face of these developments in the field of maritime trade, international organizations have been established, international law rules have been adopted in order for the states to earn more from this sector and these rules have quickly entered into the domestic law of the countries. The main working areas related to the developing area in question are as follows.
• Çatma,
• Recovery and assistance,
• Decision to ban the expedition,
• Collection of fuel receivables,
• Collection of seamen receivables,
• joint avaria, stevedore responsibility,
• Enforcement of legal pledge decisions,
• Prison right facility,
· Disputes arising from the preparation of Charterparty texts and their interpretation,
• Calculation of laytime and demurrage times,
• Delay in collection of Time-charter rental fee,
• Ship registration and abandonment procedures,
• Mortgage transactions specific to maritime law,
• Representation of the parties at the closing stage of the ship registry transactions,
• Arrangement of ship and yacht construction contracts,
• Preparation of other contracts in the field of maritime law (freight, forty, etc.),
• Marine insurance agreements.