Author
Yazıcı, Tuğba Duygu
Publication Date
2019-08
Subject
International contracts, LLMC 1976, Maritime claims, Limitation of liability
Type
Document
Language
Turkish
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
ab2305a0-7b1a-4df6-b2c2-cf069f850a41
Library Location
Department of Private Law
Date
2019-08
Sample Text
The most fundamental source on the Limitation of Liability for Maritime Claims is the "1976 International Convention on the Limitation of Liability for Maritime Claims" ("London Convention"), which was written to replace the agreements on the same subject dated 1924 and 1957. The London Convention entered into force for Türkiye on 1/7/1998. On 2/5/1996, it was deemed appropriate to make changes to the London Convention and the "1996 Protocol Amending the 1976 International Convention on the Limitation of Liability for Maritime Claims" ("1996 Protocol") was adopted. The 1996 Protocol entered into force for Türkiye as of 17/10/2010. It is possible for both the London Convention and the 1996 Protocol to be directly implemented in Turkish law with the reference made in the Turkish Commercial Code No. 6102 and to limit liability for maritime receivables by establishing funds. With the amendment introduced in 2012, the liability limits specified in the London Convention and the 1996 Protocol were increased. In this study, the application of the provisions of the London Convention, the 1996 Protocol and the 2012 Amendment in Turkish Law was examined and the limitation of liability under Turkish Law was evaluated. The most essential source regarding Limitation of Liability for Maritime Claims is the “1976 International Convention on Limitation of Liability for Maritime Claims” (the “London Convention”) which was drawn up to replace the Conventions of 1924 and 1957 on the same subject. The London Convention entered into force on 1.7.1998 in Turkey. On 2/5/1996, it was agreed to amend the London Convention, and the Protocol of 1996 amending the Convention on Limitation of Liability for Maritime Claims of 1976 (the “1996 Protocol”) was adopted. The 1996 Protocol entered into force on 17/10/2010 in Turkey. Due to the reference made in the Turkish Commercial Code no. 6102, both the London Convention and the 1996 Protocol may be directly applied to the Turkish Law and the liability for maritime claims may be limited by establishing fund. With the amendment introduced in 2012, the limits of liability set out in the London Convention and the 1996 Protocol have been raised. This study examines the application of the provisions of the London Convention, the 1996 Protocol and the 2012 Amendment on Turkish Law and evaluates the limitation of liability under the Turkish Law.