TÜRKIYE Law and Practice Contributed by: Türker Yıldırım, Semih Sander, Gülistan Baltacı Hatay and Selçuk Sencer Esenyel, Esenyel|Partners Lawyers & Consultants
Maritime Lien Claims Articles 1320 to 1327 of the TCC set out maritime liens. Maritime lien claims are listed on a numerus clausus basis, and are as follows: • claims for seamen’s wages; • claims for loss of life and personal injuries; • claims for salvage reward; • claims for port, canal and other waterway dues, as well as pilotage dues; • claims based on tort arising out of physical loss or damage caused by the operation of the vessel, other than loss of or damage to cargo, containers or passengers’ effects carried on the vessel; and • claims for general average. Turkish courts recognise a maritime lien for loss of life and personal injury of passengers or crew on the vessel, as well as other persons on land or on water, under Article 1320 (1)(b) of the TCC. The basis of such claims must be “in direct connection with the opera - tion of the vessel”. Maritime Claims Maritime claims are listed under Article 1352 of the TCC on a numerus clausus basis, and are as follows: • loss or damage caused by the operation of the vessel; • loss of life or personal injury occurring, whether on land or on water, in direct connection with the operation of the vessel; • salvage operations or any salvage agreement, including, if applicable, special compensation relating to salvage operations in respect of a vessel which by herself or her cargo threatened damage to the environment; • damage or threat of damage caused by the vessel to the environment, coastline or related interests, measures taken to prevent, minimise or remove such damage, compensation for such damage, costs of reasonable measures of reinstatement of the environment actually undertaken or to be undertaken, or loss incurred or likely to be incurred by third parties in connection with such damage, and damage, costs or loss of a similar nature to those identified in this point;
• costs or expenses relating to the raising, removal, recovery, destruction or rendering harmless of a vessel which sank or was wrecked, stranded or abandoned, including anything that is or has been on board such vessel, and costs or expenses relat - ing to the preservation of an abandoned vessel and maintenance of her crew; • any agreement relating to the use or hire of the vessel, whether contained in a charterparty or otherwise; • any agreement relating to the carriage of goods or passengers on board the vessel, whether con - tained in a charterparty or otherwise; • loss of or damage to or in connection with goods (including luggage) carried on board the vessel; • general average; • goods, materials, provisions, bunkers, equipment (including containers) supplied or services ren - dered to the vessel for her operation, management, preservation or maintenance; • construction, reconstruction, repair, converting or equipping of the vessel; • port, canal, dock, harbour and other waterway dues and charges; • wages and other sums due to the Master, offic - ers and other members of the vessel’s comple - ment in respect of their employment on the vessel, including costs of repatriation and social insurance contributions payable on their behalf; • disbursements incurred on behalf of the vessel or her owners, including loans taken for the vessel; • insurance premiums (including mutual insurance calls) in respect of the vessel, payable by or on behalf of the ship-owner; • any commissions, brokerages or agency fees pay - able in respect of the vessel by or on behalf of the ship-owner; • any dispute as to ownership or possession of the vessel; • any dispute between co-owners of the vessel as to the employment or earnings of the vessel; • a mortgage or “hypothèque” or a charge of the same nature on the vessel; and • any dispute arising out of a contract for the sale of the vessel. • towage; • pilotage;
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