AĞSAKAL, İbrahim Kocaeli Üniversitesi - Hukuk Fakültesi - Deniz Hukuku ABD, Turkey

FİNANSAL KİRALAMAYA KONU GEMİLER ÜZERİNDEKİ GEMİ ALACAKLISI HAKKI

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The right of Ship’s creditor as to ships which are subject of financial leasing contracts is regulated both in Turkish Commercial Code and Financial Leasing, Factoringand Financing Companies Act. Some significant changes have been made in both Law in the year of 2012. Most significant ones regarding our topic in this work from those changes are relating to shipowner’s liability and the right of ship’s creditors in Turkish Commercial Code. In this contex shipowner’s limited real liability approach has been abandoned in new Turkish commercial Code and consequently the number of receivables entitling the right of ships creditors have been decreased. However, it is seen that there are no significant change in the articles of Financial Leasing, Factoringand Financing Companies Act which is criticised for the reason for ignorance of the needs of maritime trade. Hence in spite of the mentioned changes in the relevant Codes, it is not possible to say that there has been significant changes in the legal situation of the topic on which we work herein.

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Shipowner , Ship Management Contractor , Ship , Maritime Liens , Leasing

Hukuk Araştırmaları Dergisi

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