Turkish Maritime Law: An Overview for Foreign Shipowners and Investors
Turkish maritime law is set out mainly in Book Five of the Turkish Commercial Code (TTK No. 6102), in force since 1 July 2012, and is reinforced by international conventions Turkey has adopted, including the 1999 Arrest Convention and the LLMC 1976/1996 limitation regime. Because Turkey sits at the crossroads of the Black Sea, the Aegean and the Mediterranean, this regime touches almost every cross-border shipping, cargo or vessel investment. This guide explains how the system works and what foreign shipowners, charterers and claimants need to know, with the article numbers, time limits and the 10,000 SDR arrest figure that decide real cases.
The Legal Framework: Book Five of the Turkish Commercial Code
The backbone of Turkish maritime law is the fifth book of the Turkish Commercial Code (TTK No. 6102), titled Deniz Ticareti (Maritime Commerce), which entered into force on 1 July 2012. This book modernised Turkey's maritime regime and brought it broadly into line with widely used international standards. It covers ships and their registration, shipowners, masters and crew, carriage of goods and passengers by sea, maritime casualties such as collision and salvage, marine insurance, limitation of liability and the arrest of ships.
Several other instruments complete the picture. General contract principles come from the Turkish Code of Obligations (TBK No. 6098); ship arrest and the enforcement of maritime claims interact with the Enforcement and Bankruptcy Law (IIK No. 2004) and the Code of Civil Procedure (HMK No. 6100); and cross-border questions of applicable law and jurisdiction are governed by the Act on Private International Law and Procedure (MOHUK No. 5718).
Maritime disputes routinely involve foreign-flag vessels, foreign claimants and foreign contracts, so which law and which court applies is rarely obvious. An early legal review usually changes the outcome. Our team can assess your matter through our commercial contract lawyers in Istanbul.
International Conventions and How They Rank
Turkish law gives ratified international conventions a strong position. Under Article 90 of the Constitution, international agreements duly put into force have the force of law, and in many fields they prevail over conflicting domestic provisions. This matters because so much of shipping is governed by global instruments, and Turkey has bound itself to the central ones.
Turkey has formally adopted:
- The 1989 International Convention on Salvage, in force for Turkey since 27 June 2015 (with a reservation to Article 30).
- The 1999 International Convention on Arrest of Ships, in force for Turkey since 11 December 2019. The arrest provisions of the Commercial Code (Arts. 1352 and following) are built on this Convention.
- The Convention on Limitation of Liability for Maritime Claims (LLMC) 1976, as amended by the 1996 Protocol, which the Code incorporates by reference at Article 1328.
For carriage of goods, the position is slightly different. Turkey is not itself a contracting state to the Hague-Visby Rules, but the Commercial Code's cargo provisions were deliberately drafted to track those Rules, so the substance you expect generally applies even though the source is Turkish statute rather than the treaty.
The practical point for a foreign client is that the rules applied in Turkey will often feel familiar, but the exact wording, time limits and procedure are fixed by Turkish statute and the conventions Turkey has actually adopted. Check the position for your specific facts rather than assuming an English-law or treaty default applies.
Ships, Ownership and Registration
The Commercial Code defines what counts as a ship at Article 931 and regulates ownership, transfer and co-ownership, including the donatma istiraki (shipping partnership), where several owners operate a vessel for profit. It sets out how ownership passes, how co-owners share decisions and costs, and how their internal relations are managed.
Vessels are recorded in the National Ship Registry. Registration establishes the ship's nationality and flag, identifies the owner, and is the platform on which security interests are recorded.
The Turkish International Ship Registry (TUGS)
Foreign owners and investors should know about a second register. The Turkish International Ship Registry (TUGS), created by Law No. 4490, was designed to attract tonnage to the Turkish flag and offers significant fiscal advantages over the ordinary register.
Ship Mortgages and Maritime Liens
A ship can be mortgaged as security for a debt, and the mortgage is perfected by registration in the ship registry. Separately, the Code recognises maritime liens (statutory privileged claims) that attach to the vessel itself, for example certain crew wage claims, salvage rewards and some damage claims. Because liens follow the ship on a sale, anyone buying or financing a vessel connected to Turkey should investigate what privileged claims may already exist against it before completing the transaction.
Carriage of Goods and Charterparties
Carriage of goods by sea is one of the most heavily used parts of the maritime regime, governed by Articles 1138 and following. The Commercial Code adopts rules closely modelled on the Hague-Visby Rules, setting out the carrier's duties (notably to exercise due diligence to make the ship seaworthy and to care for the cargo), the shipper's obligations, the function of the bill of lading, and the carrier's defences and package or weight limits of liability.
The Code also governs the main commercial contracts used in shipping:
- Voyage charters and contracts of affreightment, where the carrier undertakes to carry goods on a particular voyage or series of voyages.
- Time charters, where the charterer hires the vessel and its crew for a period.
- Bareboat (demise) charters, where the charterer takes the vessel without crew and assumes operational control.
Disputes typically turn on cargo damage or shortage, freight and demurrage, delay, and the allocation of risk between owner, charterer and shipper. A further common flashpoint is delivery of cargo against a letter of indemnity instead of an original bill of lading. Many of these contracts use foreign standard forms and choice-of-law clauses, which is exactly where MOHUK No. 5718 becomes decisive before a Turkish court. If a deal is still being papered, it is worth having a lawyer review your charterparty or carriage contract before signature rather than after a claim arises.
Maritime Casualties: Collision, General Average and Salvage
The Commercial Code contains detailed rules for things that go wrong at sea.
Collision
Collision is governed by Articles 1286-1297, drawing on the 1910 Collision Convention to which Turkey is a party. Where vessels collide, liability is allocated according to fault: if both ships are at fault, liability is apportioned in proportion to the degree of fault; where fault cannot be apportioned, it may be shared equally.
General Average
General average (Arts. 1272-1285) covers extraordinary sacrifices or expenditures made intentionally and reasonably for the common safety of the maritime adventure, for example jettisoning cargo to save the ship. The resulting loss is shared between the interests that benefit (ship, cargo and freight). Unless the parties agree otherwise, Article 1273 directs that the adjustment follows the current York-Antwerp Rules as translated and published for Turkey.
Salvage
Turkey applies the 1989 Salvage Convention, in force for Turkey since 27 June 2015. A salvor who successfully renders assistance to a vessel or property in danger is entitled to a reward assessed on factors such as the value of the property saved, the skill and effort involved, and the danger faced. The Convention also recognises special compensation aimed at encouraging efforts to prevent or minimise environmental damage.
Limitation of Liability and Marine Insurance
Shipowners and certain other parties may be entitled to limit their liability for maritime claims arising out of a single incident. Article 1328 incorporates the LLMC 1976 as amended by the 1996 Protocol, so the limit is calculated by reference to the tonnage of the vessel, with separate ceilings for personal-injury and property claims under that regime. Limitation is a powerful protection, but it is subject to conditions and can be broken by certain reckless conduct, so it must be invoked correctly and on time.
A different framework governs oil pollution damage, where liability and compensation are addressed by dedicated international regimes rather than the general tonnage limit. If pollution is in play, the applicable convention and figures must be checked separately for the vessel and incident in question.
Marine insurance is governed within the Commercial Code and supplemented by general insurance principles. It covers hull and machinery, cargo and liability risks. Coverage scope, disclosure duties and the consequences of breach are frequent sources of dispute, particularly where a foreign policy interacts with a Turkish claim.
Enforcing Maritime Claims: Ship Arrest in Turkey
The most important security remedy in shipping is the arrest of a ship to secure a maritime claim. Under Articles 1352 and following of the Commercial Code, built on the 1999 Arrest Convention, a creditor with a recognised maritime claim can apply to a competent Turkish court for an order arresting the vessel, which prevents it from sailing until security is provided or the dispute is resolved.
Does your claim qualify?
Arrest is only available for a claim that falls within the closed list of maritime claims in Article 1352, which mirrors the 1999 Convention catalogue. It covers, among others, claims for damage caused by a ship, salvage, towage and pilotage, supplies and bunkers, repairs, crew wages, charter and carriage disputes, ship mortgages, and unpaid port and canal dues. If your claim is not on the list, arrest is not the right tool.
How a foreign claimant arrests a ship
- Competent court. You apply to the commercial court of first instance for the place where the vessel is anchored, moored or under repair. For a port on the European side of Istanbul that is typically the Caglayan commercial court; on the Anatolian side, the Anadolu court.
- Documents. The petition must set out the maritime claim and its Article 1352 category, identify the ship by name, IMO number and flag, give its current location, and annex the supporting evidence with sworn Turkish translations.
- Counter-security. You must lodge counter-security to protect the owner against a wrongful arrest. Under the Code, aligned with the 1999 Convention, this is a fixed 10,000 SDR (Special Drawing Rights) regardless of the size of the claim, which the court may later increase or, in limited cases, decrease.
- Speed and detention. Arrest is an urgent, ex parte process, so an order can issue quickly, and the harbour master and coast guard are authorised to detain the vessel.
- Release. The shipowner can secure release by putting up satisfactory security (often a P&I club letter of undertaking or a bank guarantee) for the claim.
Sister-ship arrest
Turkish practice also allows, in defined circumstances, the arrest of a sister ship in the same ownership as the vessel that gave rise to the claim, and courts will examine the real ownership behind corporate structures. This is a powerful option where the offending vessel has already left Turkish waters.
Because arrest is a security and enforcement remedy that interacts with the Enforcement and Bankruptcy Law (IIK No. 2004), foreign claimants pursuing or defending one should get local advice immediately. See how we approach securing and enforcing a maritime claim in Turkey.
Time Limits at a Glance
Maritime time bars in Turkey are short and largely mandatory. Missing one usually ends the claim, whatever its merits. The table below summarises the periods that come up most often. Always confirm the exact deadline for your facts, because the start date can shift.
| Claim type | Time limit | Runs from |
|---|---|---|
| Cargo claim under a contract of carriage | 1 year | Delivery, or when the goods should have been delivered |
| Collision damage claim | 2 years | Date of the collision |
| Recourse claim between shipowners after a collision | 1 year | Payment to the third party |
| Loss of luggage or passenger-contract claims | 2 years | The relevant statutory trigger |
| General commercial claims (default, no special rule) | 10 years | When the claim becomes due (TBK No. 6098) |
This is a guide, not a substitute for advice: the precise article and the exact start date should be checked for every claim before you rely on a deadline.
Jurisdiction and Enforcing Foreign Judgments and Awards
Many shipping contracts choose a foreign law and a foreign court or arbitration seat. Turkish courts will generally respect a valid choice-of-law clause and a foreign jurisdiction or arbitration agreement, subject to the rules in MOHUK No. 5718 and to Turkish public policy.
If you already hold a foreign court judgment or an arbitral award and need to enforce it against assets in Turkey, MOHUK No. 5718 sets out the recognition and enforcement procedure. Arbitral awards benefit from Turkey's adherence to the 1958 New York Convention, which makes them relatively straightforward to enforce, while foreign court judgments require an enforcement action (tenfiz) that checks conditions such as reciprocity, proper service and consistency with public policy. Planning the dispute-resolution clause at the contract stage, with enforcement in Turkey in mind, can save a great deal later.
Why Foreign Clients Need Local Maritime Counsel
Turkish maritime law is sophisticated and convention-aligned, but it is applied through Turkish statutes, Turkish procedure and Turkish courts. The combination of foreign flags, foreign contracts and Turkish jurisdiction creates traps around applicable law, short time limits, security requirements and enforcement.
Whether you are buying or financing a vessel, contracting for carriage, defending a cargo claim, or pursuing or resisting a ship arrest, early and accurate local advice protects your position. The figures and deadlines in this guide are current to mid-2026, but conventions, tax reliefs and SDR values change, so confirm the specifics before you act.
Frequently asked questions
What law governs maritime matters in Turkey?
The principal source is Book Five of the Turkish Commercial Code (TTK No. 6102), in force since 1 July 2012. It is supplemented by the Code of Obligations (TBK No. 6098), the Enforcement and Bankruptcy Law (IIK No. 2004), the Code of Civil Procedure (HMK No. 6100), the Private International Law Act (MOHUK No. 5718) and the international conventions Turkey has adopted, including the 1989 Salvage Convention, the 1999 Arrest Convention and the LLMC 1976/1996 limitation regime.
How do I arrest a ship in Turkey, and how much security do I need?
A creditor with a maritime claim listed in Article 1352 of the Commercial Code can apply to the commercial court of first instance where the vessel is located for an arrest order, which stops the ship from sailing. The applicant must lodge counter-security, fixed at 10,000 SDR under the regime aligned with the 1999 Arrest Convention, which the court can adjust. Arrest is urgent and ex parte, so prompt action and accurate, translated documents are essential, and a flawed application can trigger a wrongful-arrest counterclaim.
Do international shipping conventions apply in Turkey?
Yes. International conventions Turkey has duly ratified have the force of law and often prevail over conflicting domestic rules. Turkey is bound by the 1989 Salvage Convention, the 1999 Arrest Convention and the LLMC 1976 as amended by the 1996 Protocol. For carriage of goods, Turkey is not a Hague-Visby contracting state but enacted equivalent domestic rules in the Commercial Code, so the substance is similar.
What is the time limit for a cargo or collision claim in Turkey?
Cargo claims under a contract of carriage are subject to a one-year time bar, generally running from delivery or from when the goods should have been delivered. Collision damage claims are generally subject to a two-year time bar from the date of the collision, with a shorter one-year period for recourse between shipowners. These limits are largely mandatory and usually cannot be extended by contract, so act early.
Can a foreign company own or finance a ship under Turkish law?
Foreign parties commonly own, charter and finance vessels connected to Turkey. Ships are recorded in the National Ship Registry, and the Turkish International Ship Registry (TUGS), created by Law No. 4490, offers tax advantages designed to attract foreign tonnage to the Turkish flag. Ship mortgages are perfected by registration, and because maritime liens follow the vessel on sale, any buyer or financier should investigate existing privileged claims before completing a transaction. A Turkish lawyer should review your specific circumstances.
