The general average from the Code of Maritime Trade Law (Dated 1864) to present

Maritime institution has always been significant for humanity that have voyages and make discoveries around the world. Thanks to seas people can find the chance to exchange their goods and do some other economical activities. Hence the codes are related to maritime, always has a critical role in maritime trade. It is known that conflicts in a territory, is solved according to the rules of sovereign subjects of the land. However, it becomes more troubled in maritime trade conflicts, because there is more than one sovereign. Therefore the institution of general avarage is the most important entstrument, in order to solve the conflicts of states that have interests on the seas. As a result of the importance of the issue, to rule the conflicts of law out, general avarage norms has been constituted under the name of York- Antwerp Rules by the beginning of the 19th century. The general avarage rules were regulated in the Ticaret-i Bahriye Kanunnamesi (Code of Maritime Trade,1864), for the first time in Turkish Maritime Trade Law. In this study there will be the comparison of the general avarage rules that are regulated in both Ticaret-i Bahriye Kanunnamesi and the Turkish Trade Codes in republic period of Turkey.