DoktoraAçık Erişim

Maritime claim in international conventions and Turkish law

2022
0 görüntülenme
0 i̇ndirme
Danışman: Prof. Dr. Zehra Şeker Öğüz

Özet (EN)

The concept of maritime claim, which has two important consequences in terms of the ship's arrest and limitation of liability, is the subject of our study because of firstly the international conventions in which it is involved, and then Turkey's being a party to these conventions and making regulations on these issues in its domestic law. The concept of maritime claim, which has been applied in the Turkish maritime trade law with the list in article 1352 of the Turkish Commercial Code numbered 6102, has been examined in our study, in addition, it has guided our work in this sense, as it results in the limitation of liability. However, since the maritime claim is based on English law, the English law regulations about the concept are also given comparatively. In the first part of our study, which consists of three parts, the concept of maritime claim in general and the regulation of this concept in international law are examined. In the second part, on the basis of the legal regulations in Turkish law, the claims constituting the maritime claim are examined in terms of source and scope, and the ships that are the subject of the maritime claim are determined. Finally, in the third chapter, the concepts of the ship's arrest and the limitation of liability, which are the two consequences of maritime claim, are discussed within the limits of our study. In this context, the definition of the concepts has been made and some important features have been revealed.

Yazar

Dr. Emine Erdoğan

Bu Yayına Nasıl Atıf Yapılır

Emine Erdoğan (Doctorate thesis). Maritime claim in international conventions and Turkish law, 2022, İstanbul University.

Lisans

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