Ship Mortgage vs. Maritime Lien What Are The Changes In Favour Of The Mortgagee Under Turkish Law?

Authors : Kübra Yetiş Şamli

Pages : 189-215

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Publication Date : 2018-10-31

Article Type : Research

Abstract :The new Turkish Commercial Code (TCC), adopted on 13.1.2011 under Nr. 6102 and entered into force on 1.7.2012, contains a great number of necessary changes in maritime law, which may be considered as an extensive, long-awaited reform in this area of law. Maritime lien is one of the fields in which essential changes were made. Through this reform, the position of the mortgagee against the holder of the maritime lien has been redesigned.      The subject of this paper is these changes redesigning the position of the ship mortgagee and reregulating the legal concept of maritime lien. Firstly, the basic rules of TCC regarding ship mortgage and maritime lien are summarized. After that, the changes are highlighted and their practical and concrete outcomes are studied. Lastly, it is examined whether this reform is sufficient to correspond with the recent developments in this area of law. 
Keywords : Turkish Commercial Code Nr. 6102, Maritime Law, Reform In Maritime Law, Ship Mortgage, Maritime Lien, Changes İn Favour Of The Ship Mortgagee, Reregulation Of The Concept Of Maritime Lien