The Evaluation of the Turkish Commercial Code Articles Concerning General Average and the York Antwerp 2016 Rules and Particularly the “Time Bar” Issue

The articles between 1272 and 1285 which are placed under the 1st Chapter of the “Marine Accidents” titled 5th Section of “Maritime Trade” titled 5th Book of 6102 numbered Turkish Commercial Code, govern general average. Article 1273 which is placed in between these provisions and titled as “Applicable Rules” states that unless otherwise agreed by the parties, the general average distribution is subject to the updated version of the York Antwerp Rules which are translated in Turkish and published in accordance with this provision. Thus, the Turkish legislator has clearly and under special conditions accepted the regulation of general average by the York Antwerp Rules which has no conventi-onal characteristics. Even though the provision of the Turkish Commercial Code governing time bar shall have “supple-mentary” characteristics, it is clear that the provision is different from the provision of York Antwerp Rules governing time bar. In the study, it is aimed to analyze the provisions placed in these texts generally, examine the relationship in between these texts and point the difference in between the provisions of these texts concerning time bar by evaluating the probable problems and solutions.