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Law applicable to marine insurances

2023
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Advisor: Prof. Dr. Musa Aygül

Abstract (EN)

Insurance contracts are very important in terms of international trade, because of the unique risks involved in international trade and the fact that transportation is a dangerous activity in itself. The transportation of goods subject to international trade mostly by sea has brought marine insurance contracts to an important position in terms of transportation business. The fact that maritime transport is mostly preferred in international trade and that this mode of transport is generally carried out under the insurance cover makes the legal relations arising from marine insurance have a foreign element. In addition, the compensation processes for the damages caused by the policyholder to third parties may also have foreign elements and cause conflicts of laws. The fact that maritime transport is a constantly used transportat mode, the vessels and goods within the scope of this trade generally have great economic values, and the insurance premiums/insurance compensations are quite high have made the problems arising from these legal relations even more important. However, in the current regulations in Turkish law, it is seen that this issue is regulated without considering some important issues. This dissertation deals with the establishment of marine insurance contracts with foreign elements, international conventions on this subject, the law to be applied to the contract and the legal nature of the current conflict rule in Turkish law, the situation of the sector and the needs of Turkey. Keywords: Marine Insurance, Maritime Transport, Law Applicable to the Contract, P&I Clubs, The Act on Private International Law and International Procedural Law Art. 24.

Author

Halil Alperen Işık

How to Cite

Halil Alperen Işık (Doctorate thesis). Law applicable to marine insurances, 2023, Ankara Yıldırım Beyazıt University.

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