Ship Mortgage Under Turkish Law
samasya@gsu.edu.tr
Content
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.
Course Content
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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.
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.
Weekly Contents
| 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 |
Assessment System
| Activities | Number | Contribution |
|---|---|---|
| Contribution of in-term studies to overall grade | 0 | 0 |
| Contribution of final exam to overall grade | 0 | 0 |
| Total | 0 | 0 |
| Activities | Number | Contribution |
|---|---|---|
| Assignments | 0 | 0 |
| Presentation | 0 | 0 |
| Midterm Examinations (including preparation) | 0 | 0 |
| 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 |
| Make-up | 0 | 0 |
| Total | 0 | 0 |