Maritime Law
samasya@gsu.edu.tr
dkuguoglu@gsu.edu.tr
mkonfidan@gsu.edu.tr
Content
Objective
The aim of this course is to examine the Turkish maritime law with a holistic approach within the framework of international agreements binding on Turkey, Turkish Commercial Code and other relevant legislations. In this context, the concept of ship, which is one of the key element of maritime law, the registration system of ships, the property and other rights in rem on the ship will be discussed. In addition, the actors involved in maritime law and their liability will be examined, and the types of contracts specific to maritime trade will be analyzed.
Course Content
Transferring the basic concepts of maritime law, examining the relevant legislation and international conventions binding on Turkey
Course Learning Outcomes
At the end of this course, students will be able to read and interpret the legislation, judicial decisions and scientific works related to maritime law and gain the ability to identify legal problems in this field.
Teaching and Learning Methods
Transferring the necessary theoretical knowledge and analyzing the doctrine in the light of the students' in-class discussions on legal problems
References
YAZICIOĞLU Emine, Kender-Çetingil Deniz Ticareti Hukuku, Filiz Kitabevi, 17. Baskı, İstanbul, 2022.
Weekly Contents
| Week | Weekly Contents |
|---|---|
| 1 | Introduction to Maritime Law and Sources of Maritime Law |
| 2 | Definition of the Ship, Types of Ships, Elements and Class of the Ship |
| 3 | Ship Registers and Home Port Log |
| 4 | Ship Ownership and Other Rights in rem |
| 5 | Shipowner, Liability of the Shipowner, Limitation of Liability for Maritime Claims |
| 6 | Introduction to Maritime Contracts, Bareboat Charter Contract / Demise Charter, Time Charter Contract, Contracts of Affreightment |
| 7 | Contracts of Affreightment 1: Definition, Types, Conclusion, Form and Parties of the Contract, Other Persons related with the Contract |
| 8 | Midterm Exam |
| 9 | Contracts of Affreightment 2: Execution of the Carriage: Loading, Voyage, Discharge |
| 10 | Contracts of Affreightment 3: Bill of Lading and Other Transport Documents |
| 11 | Liability of the Carrier 1: Types of Basis of Liability of the Carrier, Exemption from Liability |
| 12 | Liability of the Carrier 2: Carriers’ Right to Limit Their Liability |
| 13 | General Average, Collision, Salvage |
| 14 | Tutorial |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 1 | 50 |
| Contribution of final exam to overall grade | 1 | 50 |
| Total | 2 | 100 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 1 | 50 |
| Project | 0 | 0 |
| Laboratory | 0 | 0 |
| Other Applications | 0 | 0 |
| Quiz | 0 | 0 |
| Term Paper/ Project | 0 | 0 |
| Portfolio Study | 0 | 0 |
| Reports | 0 | 0 |
| Learning Diary | 0 | 0 |
| Thesis/ Project | 0 | 0 |
| Seminar | 0 | 0 |
| Other | 0 | 0 |
| Total | 1 | 50 |
Relation of Proficiency
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| 1 | Recognizing fundamental legal concepts, defining, interpreting and using them. | X | ||||
| 2 | Recognizing fundamental disciplines of law and their content, including legislation, case-law and the doctrine in the relevant discipline. | X | ||||
| 3 | Recognizing positive norms in the legislation and being able to define and explain the principals of methodology. | X | ||||
| 4 | Being able to determine, identify and restate legal problems. | X | ||||
| 5 | Being able to use legal interpretation principals in an efficient manner in order to analyse and resolve a legal problem and in order to develop a strategy. | X | ||||
| 6 | Being able to conduct academic researches on legal problems and to propose solutions. | X | ||||
| 7 | Assuming responsibility individually or collectively for resolving complicated legal problems. | X | ||||
| 8 | Being able to criticise positive norms of the law system. | X | ||||
| 9 | Being able to explain technical legal knowledge in Turkish, French and English verbally or in writing, being able to report personal opinion concerning a legal problem verbally or in writing in a persuasive manner. | X | ||||
| 10 | Being able to follow up the local and international legal literature, to update technical legal knowledge permanently, to use information technology in an efficient manner in order to achieve these goals. | X | ||||
| 11 | Being able to conduct comparative academic researches between different law systems. | X | ||||
| 12 | Respecting human rights and universal principals and notions of law. | X | ||||
| 13 | Respecting the ethical standarts, good faith, fairness and equity principals. | X | ||||
| 14 | Being sensitive to social problems, democracy, laicism and rule of law principal. | X | ||||
ECTS
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Class Hours | 14 | 3 | 42 |
| Working Hours out of Class | 14 | 3 | 42 |
| Midterm Examinations (including preparation) | 1 | 8 | 8 |
| Final Examinations (including preparation) | 1 | 8 | 8 |
| Total Workload | 100 | ||
| Total Workload / 25 | 4.00 | ||
| Credits ECTS | 4 | ||