Ship Mortgage Under Turkish Law(ÖHDR-395)
| Course Code | Course Name | Semester | Theory | Practice | Lab | Credit | ECTS |
|---|---|---|---|---|---|---|---|
| ÖHDR-395 | Ship Mortgage Under Turkish Law | 1 | 3 | 0 | 0 | 3 | 7 |
| Prerequisites | |
| Admission Requirements |
| Language of Instruction | Turkish |
| Course Type | Elective |
| Course Level | Doctoral Degree |
| Course Instructor(s) | Serap AMASYA samasya@gsu.edu.tr (Email) |
| Assistant | |
| Objective | The aim of the course is to examine Turkish law on ship mortgage with the provisions of the Turkish Commercial Code and the Turkish Civil Code as a whole, including international agreements that Turkey is party to. In this course, it is aimed to provide the students with a holistic and critical view of the law of mortgage due to the reason that the ship is registered or not, and whether the legal reason for the mortgage is a contract or a provision of law is decisive for determination of the rules governing mortgages. |
| Content | - |
| Course Learning Outcomes | Students shall improve their ability to interpret legislations, judicial decisions, international conventions, and scientific works; and increase their ability to identify legal problems, improve their research skills and develop ideas to the level of preparing an article on the subject. |
| Teaching and Learning Methods | |
| References |
-Kerim ATAMER, Deniz Ticareti Hukuku, Cilt IV, Deniz İcra Hukuku, 2. Baskı, On İki Levha Yayınları, İstanbul, 2019. -Cüneyt SÜZEL, Gemi Alacaklısı Hakkı ve Gemi İpoteği Hakkında 1993 Cenevre Sözleşmesi ve Yeni Türk Ticaret Kanunu, On İki Levha Yayınları, İstanbul, 2012. -Doğuş Taylan TÜRKEL, Gemi Alacaklısı Hakkının Paraya Çevrilmesi, İzmir, 2008. -Turgut KALPSÜZ, Gemi Rehni, Genişletilmiş 5. Baskı, Turhan Kitabevi, Ankara, 2004. |
Theory Topics
| Week | Weekly Contents |
|---|---|
| 1 | Introduction, Identification of the Rules Applicable to Ship Mortgage under Turkish Law |
| 2 | Concept of Ship, Ship Registries |
| 3 | Rights in rem - Ownership, Limited Rights in rem, Mortgage (Guaranty) Rights (Distinction between Contractual Mortgage Rights and Mortgage Rights arising from Law) |
| 4 | Contractual Mortgage Rights: Mortgage of Registered Ships: Contract of Ship Mortgage, Contract of Ship Mortgage on Ships under Construction (Establishment, Degree-Order, Scope of the Guaranty) |
| 5 | Contractual Mortgage Rights: Mortgage of Registered Ships: Contract of Ship Mortgage (Provisions) |
| 6 | Contractual Mortgage Rights: Mortgage of Registered Ships: Contract of Ship Mortgage (Assignment, Transfer, Amendment, Limitation) |
| 7 | Contractual Mortgage Rights: Mortgage of Registered Ships: Contract of Ship Mortgage (Types and Termination of the Mortgage) |
| 8 | Contractual Mortgage Rights: Mortgage Rights Enforceable to Ships Included in the Inventory of the Business Enterprise |
| 9 | Contractual Mortgage Rights: Mortgage of Unregistered Ships |
| 10 | Right to Request Enforcement of a Ship Mortgage Arising from Law: Shipyard’s Mortgage Right |
| 11 | Contractual Mortgage Rights: Maritime Lien Right (Legal Nature, Claims Give Rise to a Maritime Lien Right, Order of the Maritime Lien Claims) |
| 12 | Contractual Mortgage Rights: Maritime Lien Right (Debtors of the Maritime Lien, Scope of the Maritime Lien, Termination of the Maritime Lien) |
| 13 | Mortgage Rights Arising from Law: Maritime Lien Right (Difference between Maritime Liens and Maritime Claims) |
| 14 | “International Convention on Maritime Liens and Mortgages” adopted in Geneva on 6 May 1993 |
Practice Topics
| Week | Weekly Contents |
|---|
Contribution to Overall Grade
| Number | Contribution | |
|---|---|---|
| Toplam | 0 | 0 |
In-Term Studies
| Number | Contribution | |
|---|---|---|
| Toplam | 0 | 0 |
| No | Program Learning Outcomes | Contribution | ||||
|---|---|---|---|---|---|---|
| 1 | 2 | 3 | 4 | 5 | ||
| Activities | Number | Period | Total Workload |
|---|---|---|---|
| Total Workload | 0 | ||
| Total Workload / 25 | 0.00 | ||
| Credits ECTS | 0 | ||