1. Introduction and Legal Framework 

The establishment of a precautionary attachment for maritime claims against foreign flagged vessels under Turkish law is regulated within the framework of the Turkish Commercial Code (Law No. 6102) and relevant international agreements. Pursuant to Article 1350 of the TCC, all procedures and dispositions regarding the precautionary attachment of a vessel are subject to the law of the country where the vessel is located. In this context, Turkish courts have been authorized for foreign flagged vessels located in Turkish ports, and a precautionary attachment procedure has been stipulated for “maritime claims” enumerated restrictively in Article 1352 of the TCC.

2. Concept of Maritime Claim and Conditions for Precautionary Attachment 

According to Article 1353/1 of the TCC, only a precautionary attachment of the ship can be ordered to secure maritime claims; it is not possible to issue a decision to prohibit sailing by way of a preliminary injunction for these claims (Samsun Regional Court of Justice 3rd Civil Chamber, 16.02.2023, 2023/34-2023/257). A precautionary attachment order cannot be issued for claims that are not maritime claims (Bursa Regional Court of Justice 5th Civil Chamber, 21.09.2023, 2023/1431-2023/1335).

Prima Facie Proof: In requests for precautionary attachment, full proof is not required; “prima facie proof” regarding the existence of the claim and its nature as a maritime claim is sufficient (Izmir Regional Court of Justice 17th Civil Chamber, 26.05.2022, 2022/814-2022/919).

Seafarer Wages: According to Article 1352/1-o of the TCC, seafarer wages are maritime claims. The Court of Cassation accepts that documents such as payrolls prepared by the ship’s captain and “Imo Crew List” are sufficient for prima facie proof (Court of Cassation 11th Civil Chamber, 24.11.2015, 2015/12940-2015/12449).

Supply of Fuel and Materials: Fuel and materials supplied for the operation of the ship are maritime claims within the scope of Article 1352/1-l of the TCC (Sakarya Regional Court of Justice 7th Civil Chamber, 27.03.2024, 2024/638-2024/560).

Ship Repair and Maintenance: Repair and modification works carried out in a shipyard are considered maritime claims (Antalya Regional Court of Justice 11th Civil Chamber, 01.04.2022, 2022/134-2022/586).

3. Competent Court and International Jurisdiction

 The competent court to issue a precautionary arrest order for foreign-flagged ships, in accordance with Article 1355 of the TCC, is the court of the place where the ship is anchored, berthed, or dry-docked. This jurisdiction is absolute (Yargıtay 11. Hukuk Dairesi, 15.07.2013, 2013/9834-2013/14699 ).

Transit Passage Status: For a foreign-flagged ship anchored in Istanbul according to Istanbul Port Authority records, a precautionary arrest order can be issued in accordance with Article 1355 of the TCC, even if it is in transit (Yargıtay 11. Hukuk Dairesi, 14.01.2013, 2012/18434-2013/644 ).

Asset Connection: If the ship is located in Turkey, the international jurisdiction of Turkish courts is accepted due to the disputed asset being in Turkey (İzmir 5. Asliye Ticaret Mahkemesi, 14.02.2023, 2016/385-2023/109 ).

4. Sister Ship Arrest (Sister Ship Arrest) 

In accordance with Article 1369/2 of the TCC, the arrest of other ships (sister ships) belonging to the person responsible for a maritime claim is permitted.

Due to a fuel claim provided to a Russian-flagged ship, it was found lawful to place a precautionary arrest on another ship proven to belong to the same owner through registry records (Equasis, etc.) (İstanbul Bölge Adliye Mahkemesi 13. Hukuk Dairesi, 09.05.2024, 2024/689-2024/801 ).

For a claim of a seafarer working on Guinea-flagged ships, a precautionary arrest can be applied in Turkey on a sister ship belonging to the same owner (İstanbul Bölge Adliye Mahkemesi 43. Hukuk Dairesi, 17.02.2022, 2022/267-2022/177 ).

5. Change of Ownership and Liability

 According to TCC art. 1369/1-a, for a provisional attachment to be enforced, the person who owned the ship when the maritime claim arose must also be liable for the debt and be the owner of the ship at the time of the attachment.

If the ship is transferred to a third party after the claim arises and ownership has changed at the time of attachment, the provisional attachment order may be lifted (Adana Regional Court of Justice, 9th Civil Chamber, 26.01.2023, 2022/1530-2023/38 ).

However, in claims that grant maritime lien rights (TCC art. 1320), a change of ownership may not constitute an impediment to provisional attachment (Izmir Regional Court of Justice, 17th Civil Chamber, 12.10.2022, 2022/1568-2022/1563 ).

6. Security and Enforcement Process

Security: When a provisional attachment order is issued for maritime claims, security usually amounting to 10,000 SDR is required (TCC art. 1363). However, it is observed that in some cases, such as claims by seafarers, attachment orders can be issued without security or that the security is adjusted according to the claim amount (Istanbul Regional Court of Justice, 14th Civil Chamber, 18.03.2021, 2021/289-2021/342 ).

Enforcement: Provisional attachment on foreign-flagged ships is enforced by prohibiting the ship from sailing and by the implementation of preservation measures by the enforcement directorate. Assistance can be obtained from the Coast Guard Command (Antalya 4th Civil Court of Commerce, 12.03.2025, 2024/350-2025/110 ).

Removal of Attachment: The debtor can have the attachment on the ship lifted by providing sufficient collateral in accordance with Article 1371 of the TCC. In this case, the attachment is shifted onto the provided collateral (Istanbul Regional Court of Justice 14th Civil Chamber, 02.11.2023, 2023/1963-2023/1791 ).

7. Jurisdiction Disputes

Since the receivables arising from the employment contracts of seafarers working on foreign-flagged ships do not fall within the scope of Maritime Labor Law No. 854, jurisdiction disputes can arise between Civil Courts of First Instance and Commercial Courts of First Instance (acting as specialized maritime courts) in resolving the dispute. In some decisions, requests for preliminary injunctions have been procedurally rejected, stating that these disputes fall within the jurisdiction of general courts (Izmir Regional Court of Justice 17th Civil Chamber, 07.10.2022, 2022/1575-2022/1556 ).

8. Secondary Sources and Additional Context

Secondary Source Note: The decision of Bakırköy 4th Commercial Court of First Instance (25.12.2023, 2023/1216-2023/1011 ) emphasized that the attachment procedure applied to a foreign ship in Ünye port due to fuel supply falls within the jurisdiction of specialized maritime courts.

Secondary Source Note: Istanbul Regional Court of Justice 12th Civil Chamber (10.04.2023, 2023/604-2023/538 ), confirmed that in disputes arising from a ship sale contract, a preliminary injunction can be granted with prima facie evidence given the risk of the ship fleeing territorial waters and the possibility of changing its flag.

Secondary Source Note: Samsun Regional Court of Appeal 3rd Civil Chamber (20.05.2025, 2025/833-2025/881 ), shows that provisional attachment procedures can be initiated in Turkish courts for shipyard maintenance claims of foreign-flagged vessels, but emphasizes the importance of following objection mechanisms and waiver processes.

Conclusion Foreign-flagged vessels arriving at Turkish ports can be detained by provisional attachment orders obtained from Turkish courts for maritime claims (e.g., wages, fuel, repair, cargo damage) as defined in Article 1352 of the TCC. In this process, the exclusive jurisdiction of the court where the vessel is located, the rule of prima facie evidence, and the liability conditions in Article 1369 of the TCC are decisive factors.

Yabancı bayraklı gemiler Türkiye’de haczedilebilir mi?

Evet. Türk Ticaret Kanunu’na göre, Türkiye limanlarında bulunan yabancı bayraklı gemiler hakkında deniz alacakları için ihtiyati haciz kararı alınabilir.

Hangi alacaklar “deniz alacağı” sayılır?

Gemi adamı ücretleri, yakıt tedariki, gemi bakım-onarım alacakları ve yük hasarları gibi alacaklar deniz alacağı kapsamında değerlendirilir.

Gemi haczi için kesin ispat gerekir mi?

Hayır. İhtiyati haciz taleplerinde “yaklaşık ispat” yeterlidir. Bu durum alacaklıya hızlı hareket etme imkanı sağlar.

Gemi başka limana kaçarsa ne olur?

Gemi Türkiye limanındayken hızlı hareket edilmesi gerekir. Aksi halde gemi limanı terk ederse tahsil süreci zorlaşabilir.

Aynı şirkete ait başka gemiler de haczedilebilir mi?

Evet. “Kardeş gemi haczi” kapsamında, aynı donatana ait diğer gemilere de haciz uygulanabilir.

Why is Expert Legal Support Necessary?

Collection of Maritime Claims in Istanbul, Tuzla, Kocaeli, and Yalova Ports (Maritime Claims Across Tuzla, Kocaeli and Yalova)

The Tuzla Shipyards Region, Kocaeli İzmit Gulf ports, and Yalova/Altınova shipyards are among Turkey’s busiest shipbuilding and maintenance centers, where maritime claim disputes are frequently encountered. Claims related to vessel maintenance and repair, shipyard contracts, fuel supply claims, and commercial disputes arising from ship operations are concentrated in these regions.

The process of collecting maritime claims is an area that requires swift action and technical knowledge. Stages such as vessel identification, proper port application, obtaining a provisional attachment order, security processes, and the enforcement of the attachment require serious expertise.

Tuzla-based 2M Law Firm expeditiously and effectively handles ship arrests, evidence preparation, court applications, and collection processes in the ports of Istanbul, Tuzla, Kocaeli, and Yalova. Therefore, obtaining expert support from the outset of the process is of critical importance for securing the claim.