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Salvage services under Turkish Commercial Code with reference 6102

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2013
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Abstract (EN)

This study has been conducted on the terms of Turkish Commercial Code with reference 6102 on Salvage in light of the terms of 1989 Salvage Convention. The approach and practice of English Law has been evaluated in this study and relevant comparison with Turkish law has been conducted. English law practice has specifically been chosen considering that the LOF Standard salvage agreement, bearing English law and jurisdiction clause, is the most common used contract hence the approach of English law to several disputes may guide Turkish law experts when applying new terms of TCC. Study has been planned under 6 main titles. First of all, historical background of salvage law under Turkish law, international conventions and foreign laws has been investigated. Thereafter, the description, scope and subject of salvage has been evaluated and it has been noted that subject of salvage as vessel and property has been widely described. Under another title, standard form salvage agreement LOF, together with its effect on 1989 Salvage Convention and TOF have been investigated. Thereafter, rights of salvor has been evaluated where SALVAGE AWARD and SPECIAL COMPENSATION have been investigated. The new criteria when fixing the award being the protection of environment and determination of special compensation have been studied. New terms that are enacted by Turkish Commmercial Code being the responsibilities of salvor have also been investigated. Finally, notes taken at 2013 CMI conference in China where changes suggested in 1989 Salvage Convention were discussed, have been studied.

Author

Nazlı Selek

How to Cite

Nazlı Selek (Master Thesis). Salvage services under Turkish Commercial Code with reference 6102, 2013, Yeditepe University.

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