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CHANGES TO RULES ON ARREST OF SHIPS – MARITIME CLAIMS AND RIGHT OF ARREST

CommentRegulations on the arrest of ships were amended by the Commercial Code 6102, which entered into force on July 1 2012. Most of the new provisions regarding the arrest of ships in the code were taken from the International Convention on Arrest of Ships 1999. Prior to the 2012 amendments, the code had no separate rule regarding the arrest of ships or maritime claims. Maritime claims and right of arrestMaritime claims are divided into 22 categories under Article 1352 of the Commercial Code. The code entitles a claimant to seek the right of arrest to secure a maritime claim or claims...

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MARITIME LIENS CLAIMABLE IRRESPECTIVE OF CHANGE IN VESSEL OWNERSHIP

Vessel Ownership July 13 2016 | Contributed by Cavus & Coskunsu Law FirmIntroduction Following the adoption of the new Commercial Code (6102), the rules regarding the arrest of ships for a maritime claim right were amended in line with the provisions of the International Convention on the Arrest of Ships 1999. As a result, if the ownership of a vessel changes before a request for arrest is made, an arrest order cannot be obtained against the new owner. This rule does not apply for maritime liens, as they provide the owner of a legal lien with rights over the vessel; maritime liens apply irrespective of change in...

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DIRECT ACTION AGAINST INSURERS BY THIRD PARTIES UNDER LIABILITY INSURANCE

CommentThe new Commercial Code (6102), which entered into force on July 1 2012, introduced a general provision on the right of direct action by third parties against insurers. This issue was the subject of wide-ranging debate among legal scholars and practitioners before the code came into force. The Court of Appeals had also issued a number of decisions allowing or dismissing appeals in favour of parties that had brought a direct action against an insurer.Previous provisionThe previous Commercial Code (6762) had no general provision regarding the right of direct action by third parties against insurers and regulated in that regard...

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HIGHLIGHTING HEALTH & SAFETY ISSUES IN TURKEY’S SHIPBUILDING INDUSTRY

With its recent track record in mind, Turkey is proving that it is one of the leading new building and ship repair countries in the region – totalling 72 shipyards with a deadweight tonnage capacity exceeding 4 million tons. Here, exclusively for ShipBuilding Industry, Caglar Coskunsu and Burak Ozdemir from Istanbul-based Cavus & Coskunsu Law Firm discuss the current situation facing the considerable number of subcontractors working in Turkish shipyards and the consequential health and safety issues. They also highlight the role of a strong supporting union and government infrastructure.Turkey is an emerging shipbuilding country; its shipyards have recently won...

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