Türk Deniz Ticareti Hukukunda Gemi İşleteni ve Gemi Yöneticisi

ABSTRACT

One of the primary goals of the Turkish Commercial Code No. 6102, which came into effect in 2012, was to harmonize the book on maritime trade law with international agreements. As a matter of fact, the content of many international agreements is already reflected in the Act. It is observed that some terms translated from a foreign language into Turkish differ or are used interchangeably in other legislation and shipping practical contexts. A legal term must be used in the same sense and correspond to a specific, subject-related concept in order ensure high legal certainty. As persons who ensure economic benefit from the ship in maritime trade, the terms “ship’s operator” and “ship’s manager” are often used interchangeably in the context of maritime trade. In the translations made from English in the law, the term “geminin işleteni” is used as the equivalent of the expression “operator of the ship” (Turkish Commercial Code (TCC) Art. 1248/2 and 1320/1). On the other hand, the phrases “manager of the vessel, the ship’s manager” have been translated into Turkish as “geminin yöneticisi” (TCC Art. 1320/1). In our legislation, the term “geminin işleteni” (operator) is preferred rather than the term “geminin yöneticisi (manager). The phrase “company” in the ISM Code, another important component of maritime trade legislation, has been translated as “işletmeci (operator)” in the Turkish implementation regulation (Code art. 1.1.2, (the term manager is also included in the company definition), Regulation Art. 4/j, Legal Gazette (RG): 27.10.2009/27389).…