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Maritime Law in Turkey | Atalı & Tagi Hukuk Bürosu
Maritime Law in Turkey

Maritime Law in Turkey: Legal Support for Vessels, Transactions and Maritime Disputes

Maritime law covers the legal rules governing vessels, maritime transport, chartering, port operations, maritime claims, liability of participants in maritime activities and the resolution of cross-border disputes.

Maritime legal matters may involve Turkish law, international treaties, contractual provisions and rules of private international law at the same time.

For this reason, handling a maritime transaction or dispute requires more than reviewing the underlying claim. It is also necessary to consider the vessel's status, registration, ownership, contractual structure, applicable law and jurisdiction.

Turkish and International Maritime Law

Atalı & Tagi Hukuk Bürosu provides legal assistance in Turkish and international maritime law, including vessel transactions, charterparty agreements, maritime transport, interim measures, ship arrest and litigation or arbitration proceedings.

Legal Analysis

In a maritime dispute, the claim itself
is only part of the legal picture.

A maritime operation may involve multiple contracts, parties and jurisdictions at the same time. A sound legal strategy therefore requires consideration not only of substantive law, but also of documentation, vessel registration, contractual provisions, procedural options and commercial consequences.

01 Determining the applicable law and competent authority
02 Reviewing ownership, registration and encumbrances affecting the vessel
03 Reviewing contractual terms, liability and available security mechanisms
04 Assessing litigation, arbitration and cross-border procedural risks
Main Areas

Maritime Law in Turkey: Key Legal Considerations

Maritime legal relationships rarely depend on a single provision or a single jurisdiction. Each matter requires an assessment of the vessel's legal status, the parties involved in the transaction or carriage, the contractual arrangements, the nature of the claim, the applicable law and the competent authority for resolving the dispute.

In Turkey, an important source of maritime law is the Turkish Commercial Code (Türk Ticaret Kanunu, TTK). However, the legal analysis of a maritime transaction or dispute may also require consideration of other provisions of Turkish law, international treaties, contractual terms and private international law.

Legal assessment should therefore go beyond simply asking which law applies. The structure of the particular transaction must also be examined: who owns or operates the vessel, where it is registered, where the claim arose, which documents have been signed and whether the parties have agreed on court jurisdiction or arbitration.

SECTION // 01

Vessels and Maritime Assets

Legal review of vessel documentation, registration, ownership, encumbrances and transaction risks.

  • Review of vessel documentation
  • Analysis of registration and ownership
  • Review of mortgages and other encumbrances
  • Assessment of legal transaction risks
SECTION // 02

Carriage and Chartering

Analysis of carriage contracts, charterparties, freight, liability and the consequences of contractual breaches.

  • Charterparty agreements
  • Maritime carriage contracts
  • Freight and payment terms
  • Liability and contractual breaches
SECTION // 03

Disputes and Interim Measures

Legal strategy concerning maritime claims, debt recovery, security measures and disputes in Turkey.

  • Maritime claims
  • Ship arrest
  • Interim measures
  • Litigation and arbitration
Legal Services

Legal Services in Maritime Law

We assess each matter based on the available documents, contractual structure and procedural risks. The scope of work is determined after reviewing the specific transaction or dispute.

SECTION // 01

Vessel Purchase and Sale

Legal assistance with vessel purchase and sale transactions.

  • Legal review of vessel and seller documentation
  • Review of ownership, registration and known encumbrances
  • Analysis and legal support in vessel sale and purchase agreements
  • Review of warranties, delivery conditions and payment arrangements
SECTION // 02

Vessel Registration

Legal assistance concerning vessel registration and registration-related matters.

  • Review of documents and requirements applicable to the procedure
  • Analysis of ownership issues
  • Review of mortgages and other rights affecting the vessel
  • Legal support throughout registration procedures
SECTION // 03

Vessel Chartering

Review of charterparty agreements and allocation of commercial and legal risks.

  • Legal review of charterparty agreements
  • Review of standard contractual forms
  • Analysis of freight, time limits and vessel downtime
  • Review of liability and dispute resolution provisions
SECTION // 04

Maritime Transport and Cargo Claims

Legal assistance concerning claims arising from carriage and cargo matters.

  • Cargo damage, loss or delay
  • Carrier liability
  • Claims arising from contractual obligations
  • Analysis of documents supporting losses and damages
SECTION // 05

Ship Arrest and Interim Measures

Legal assessment of available options for securing maritime claims.

  • Assessment of available interim measures
  • Preparation of the legal position
  • Matters concerning the imposition or release of ship arrest
  • Protection of shipowners' and creditors' interests
SECTION // 06

Maritime Disputes and Arbitration

Litigation and arbitration strategy concerning maritime claims.

  • Legal assessment of the prospects of a dispute
  • Pre-litigation and claims management
  • Representation in court proceedings in Turkey
  • Assistance in arbitration proceedings

In maritime business, a contractual mistake or a missed security measure can affect not only the dispute itself, but also the value of the vessel, the movement of cargo and the financial outcome of the entire transaction.

Ship Arrest in Turkey

Ship Arrest in Turkey

Ship arrest in Turkey is one of the most sensitive procedures in maritime disputes. For a creditor, the issue may be securing a future recovery, while for a shipowner, an arrest can result in vessel downtime, additional expenses and significant commercial losses.

The availability of an interim measure depends on the specific maritime claim, procedural requirements, the status of the vessel and other circumstances. Before applying to a court, it is therefore important to assess not only the existence of the debt or claim, but also its legal basis, supporting documents and potential objections from the opposing party.

  • identify the legal basis and nature of the maritime claim;
  • review documents supporting the claim and its connection with the vessel;
  • assess the competent authority and procedural requirements for seeking an interim measure;
  • determine in advance a potential defence strategy for the owner or another interested party.
Vessel Legal Due Diligence

Legal Due Diligence Before Purchasing a Vessel

When purchasing a vessel, the cost of legal due diligence is generally insignificant compared with the potential losses arising from an undisclosed encumbrance, ownership issue or unfavourable contractual provision. Vessel legal due diligence should be tailored to the structure of the transaction and its level of risk.

Depending on the circumstances, the review may include seller documentation, ownership, registration records, mortgages and other encumbrances, contractual documentation, the authority of signatories and known legal claims.

Vessel Legal Due Diligence Vessel Purchase and Sale Vessel Sale and Purchase Agreement Vessel Registration Maritime Claims
Chartering and Maritime Transport

Chartering, Freight and Maritime Transport

A charterparty agreement allocates a significant number of commercial and legal risks between the parties. When reviewing such an agreement, it is important to consider not only the amount of freight, but also the permitted use of the vessel, time limits, liability, downtime, insurance, notice requirements, consequences of breaches and the applicable dispute resolution mechanism.

International carriage may additionally require an assessment of which rules govern the relationship between the parties and how the contractual terms interact with mandatory provisions of the applicable law and international agreements.

Cross-Border Maritime Law

International Maritime Law and Cross-Border Disputes

A single maritime transaction may involve a Turkish company, a foreign shipowner, a carrier from another country, a cargo owner, an insurer and a port located in a third jurisdiction.

As a result, Turkish maritime law may operate alongside contractual provisions and foreign or international legal rules.

Before a dispute arises, it is important to determine the applicable law and competent authority. An arbitration clause, choice of court, place of performance and other contractual provisions may substantially affect the procedural strategy.

Particular attention may also be required for the recognition and enforcement of decisions, allocation of procedural costs and interaction between different jurisdictions.

Our Practice

Why Atalı & Tagi

01

Turkish Law

Experience with Turkish legislation and legal matters arising in Turkey.

02

Cross-Border Approach

We consider applicable law, jurisdiction, contractual provisions and the international nature of maritime operations.

03

International Clients

We assist foreign shipowners, companies and participants in international maritime transactions and disputes.

04

English and Turkish

Legal communication and assistance are available in English and Turkish throughout the matter.

Legal Information

Frequently Asked Questions

Depending on the circumstances, maritime legal relationships in Turkey are governed by the Turkish Commercial Code (Türk Ticaret Kanunu, TTK), other provisions of Turkish law, international treaties and the applicable law.

In cases provided by law, interim measures may be available in relation to a vessel. The possibility and procedure depend on the nature of the claim, the status of the vessel, the competent court and compliance with applicable procedural requirements.

A legal review will generally examine ownership, registration, mortgages and other encumbrances, the seller's authority, contractual documents and known legal claims. The scope of the review depends on the specific transaction.

Yes. We can review charterparty agreements, risk allocation, freight payments, time limits, the parties' liabilities, contractual breaches, applicable law and dispute resolution provisions.

Yes. We provide legal assistance in maritime disputes, including legal assessment, pre-litigation work and representation in relevant court or arbitration proceedings.

Yes. In cross-border transactions and disputes, we consider issues relating to applicable law, jurisdiction and arbitration agreements.

Legal communication and assistance are available in English and Turkish.

You can send a brief description of the matter and the key documents via WhatsApp or email. After reviewing the materials, we can determine the scope of legal work required.

Legal Assistance

Discuss Your Maritime Transaction or Dispute

Send us a brief description of your matter and, if possible, the key documents. We can then determine which legal issues need to be assessed and what type of legal assistance would be appropriate for your situation.

Contact us on WhatsApp
Atalı & Tagi Hukuk Bürosu

Licensed Turkish lawyers
Legal assistance in English and Turkish.

Phone / WhatsApp: +90 536 331 89 97

The information provided on this page is for general informational purposes only and does not constitute an individual legal opinion or legal advice concerning a specific matter.