Deniz Alacaklarına İlişkin Koruma ve Tazmin (P&I) Sigortasının Hukuki Niteliği ve Kapsamı Üzerine Bir Değerlendirme

ABSTRACT

Türkiye have enforced the Regulation on the Insurance and Inspection of Ships for the Maritime Claims (Regulation). The according of the Regulation, Turkish flag ships and all ships arriving at Turkish port facilities must have a valid Protection and Indemnity (P&I) insurance against maritime claims by the since 1 July 2011. In general terms, maritime claims give the right to request the arrest of the ship. These claims are regulated as numerus clauses in Article 1352 of the TCC. There is no dispute that the P&I insurance introduced by the Regulation is liability insurance. However, that maritime claims are compulsory liability insurance is debatable. Thus in this article will be discussed whether the obligation to have P&I insurance introduced by the Regulation is a compulsory insurance within the meaning of Article 13/I of the Insurance Law and the scope of the insurance coverage.…