ATTORNEY MERYEM GUNAY

Inlet

The expression “loss or damage caused by the operation of the ship” in subparagraph (a) of Article 1352 of the Turkish Commercial Code covers the material losses that occurred during the commercial activities of the ship. Such damages usually occur during the ship’s activities such as carrying cargo, maneuvering, docking at the port or leaving the port. The damage or damage caused by the ship operation includes material damage not only to the ship itself, but also to the property of third parties, port infrastructure or other ships.

Legal basis and scope

Damages arising from the operation of the ship pose an important legal responsibility for both the ship owner and the person or organization that operates the ship. In case of any damage during the commercial activities of the ship, the ship owner or operator is obliged to compensate these losses.

Operation of the ship includes the following conditions:

Port maneuvers: The ship can damage scaffolds, docks or other ships when docking at the port or leaving the port. For example, the material damages caused by the ship hitting a dock while approaching the port are within this scope.

Sea traffic: Ships carry the risk of collision or damage to other ships at sea. Especially in regions with heavy maritime traffic, if the ship hits other ships as a result of the wrong maneuver, the damages that occur are covered by this article.

Loading and unloading processes: Damages that occur on the ship or around the ship during loading or unloading are considered as loss or damage caused by the ship’s operation. For example, the damage caused by the cargo as a result of the faulty loading or the damages to other vehicles in the port are also included in this scope.

Examples of damages caused by the operation of the ship:

1. Impacting the harbor by wrong maneuver

As a cargo ship docks at the port, the ship hits the dock as a result of the captain’s wrong maneuver and causes material damage to the dock. Port authorities may sue the ship owner or operator to cover the damage. Such damages are generally considered under the ship’s marine insurance. However, if the limits within the scope of the insurance policy are exceeded, the ship owner may have to cover the damages other than the insurance with his own assets.

2. Sea Collision

In an area close to a port with heavy sea traffic, one of the two ships on cruise hits the other. As a result of the collision, both ships suffer serious damage and both sides are damaged. In such cases, it is determined which ship is caused by the wrong maneuver or neglect of the accident caused by the accident. In order to determine the responsible party, a detailed examination of the incident is carried out and compensation payments are made in line with the insurance policy. Insurance companies regulate compensation payments by making a distribution of responsibility according to the way the event occurred.

3. Accidental damage during loading at the port

One of the containers loaded on the ship during the loading process at the port causes damage to the ship’s hull while being transported by a crane. In this accident, the goods in the container are also damaged. Such accidents that occur during loading often occur due to the negligence of loading teams or crane operators. However, the ship owner may also be held responsible for such accidents as part of port operations. In this case, the owner of the cargo may be required to indemnify the damage in the container. If the ship is protected under insurance, the ship owner can take advantage of the insurance policy and cover both the damage to the ship’s hull and the damage of the cargo.

4. Damage to the ship’s marine vehicles

A cruise ship crashes into a small fishing boat while cruising, causing damage to the boat. As a result of this accident, the fishing boat becomes unusable and the livelihoods of the fishermen are affected. The ship owner or operator is obliged to pay compensation for the damage to the fishing boat and the temporary loss of work suffered by the fishermen.

5. Damage to dock or port infrastructure

A container ship hits the crane system at the dock during unloading, causing serious damage to the crane system. Due to damage, operations in the port come to a standstill and the port operator suffers a great financial loss. The port operator may file a lawsuit against the ship owner or the operator for compensation for the damage to the dock and crane system. The ship owner can cover this damage under the insurance policy; However, if the amount of compensation requested by the port operator exceeds the insurance limits, the ship owner may have to cover the remaining loss with his own assets. In addition, indirect damages caused by disruption of operations in the port (for example, the port’s revenue loss due to delayed loading/unloading operations) may also be claimed.

Result

Subparagraph (a) of Article 1352 of the Turkish Commercial Code provides a clear regulation on the compensation of the damages and damages that occurred during the operation of the ship. Although ship owners and operators usually take out insurance for such damages, legal disputes about the amount of damage and sharing of responsibility are frequently on the agenda. The litigation processes for the damages arising during the ship operation should be evaluated taking into account the effects of insurance coverage and international law, and the rights and obligations of the parties should be clearly determined.

Keywords: Marine Receivable, Ship Operation, Lawyer, Tuzla, Istanbul, Maritime Commercial Law, Expert

Important reminder: Legal processes within the scope of shipping and maritime trade law include both complex legal regulations and various technical and legal details to be considered. Therefore, the parties are advised to carry out the process in the presence of a specialist maritime trade lawyer or consultant.. contact