Author/Authors :
ÇALIK, Ahmet Çalık Çalık Hukuk Bürosu - Deniz Ticaret Odası ve Vapur Donatanları ve Acenteleri Dernegi, Turkey
Abstract :
Charter parties’ categorisation was not complete in the former Turkish Code of Commerce’s maritime regulation. The only regulation in detail was for voyage charter parties. The bare boat charters were subject of the Code of Obligation’s rules for hire and location and the time charters legal status and situation were in discussion among the maritime lawyers. The new Turkish Code of Commerce’s maritime rules entered into force in July 2012 are more detailed and precise on charter parties. The time charter and the bare boat charters are regulated separately with the inspiration of French Law, with a special categorisation, while the voyage c/p is regulated under the contracts of carriage by sea. Therefore the rules for contracts of carriage cannot be applicable for t/c and bb/c categories. On the other hand beside the important modifications on demurrage, death freight, limitation of liability per unit and package, c/ps incorporation clauses, deck cargoes and guarantee letters against clean b/ls, a new concepts of carrier in fact and losses for delay have been regulated by these new rules. Finally according to the new Code of Obligations the validity of all kinds of Standard contracts (i.e. c/ps, b/ls, salvage contracts etc.) became legally uncertain and disputable.
