The obligation of the shipowner to comply with the charterer's orders in time charters and its limitations

One of the most important aspects that distinguishes time charter contracts from other maritime trade contracts is the transfer of the commercial management of the ship to the charterer. With this right to use the vessel, the charterer also obtains the right to give orders to the master. The subject of this paper is focused on an unique feature of time charter contracts: The obligation of the shipowners to comply with the orders given by the charterer and the limitations of this right. As a result of the fact that time charter contracts are based on the principal of freedom of contract, the content of the contract between the parties is very important in determining the limits. For this reason, the relevant issue, in line with the maritime practice, is mainly examined through the standart form time charter parties created by well-established international maritime trade organisations and shipping associations. In addition to the examination of the standart forms, the status of the thesis subject in Turkish and Anglo-Saxon legal systems has been evaluated, and judicial decisions have been analysed in order to determine the situation with concrete examples. In the first part of this paper, the maritime trade contracts regulated in the Turkish Commercial Code are examined and the differences between time charter contracts and other forms of maritime trade contracts are tried to be distinguished. Then the definition, aspects and legal nature of time charter contracts are examined and its relation among maritime trade contracts is determined. Afterwards, the obligation of the shipowners to comply with the orders of the charterers, the source of this obligation, and the provisions regulated thereunder have been analysed. In this context, the question of which orders the shipowners are under an obligation to comply with, which orders they have the right to refuse and which orders they are obliged to refuse are examined. The orders that the charterers may give to the shipowners and the limitations of these orders are determined in terms of which orders the shipowner is under the obligation to comply with and which orders the shipowners should not comply. Finally, the obligation of the shipowners to comply with the orders of the charterer has been analysed in the light of recent events such as pandemic, war and economic sanctions so it can be determined how certain developments affect the contracts and the obligations of the parties.