Deniz Ticaret Hukuku Modul 2_2 SHIP DOCUMENTS. Deniz Ticaret Hukuku Modul 2_2 1. Certificate of registry (Gemi tasdiknamesi ) Geminin kimliğinin açıklanması.

... konulu sunumlar: "Deniz Ticaret Hukuku Modul 2_2 SHIP DOCUMENTS. Deniz Ticaret Hukuku Modul 2_2 1. Certificate of registry (Gemi tasdiknamesi ) Geminin kimliğinin açıklanması."— Sunum transkripti:

1 Deniz Ticaret Hukuku Modul 2_2 SHIP DOCUMENTS

2 Deniz Ticaret Hukuku Modul 2_2 1. Certificate of registry (Gemi tasdiknamesi ) Geminin kimliğinin açıklanması ve özellikle bayrak çekme hakkının kanıtlanmasını yarayan gemi tasdiknamesinin henüz alınmadığı hallerde bayrak şahadetnamesinin gemide bulundurulması zorunludur. Geminin kimliğinin açıklanması ve özellikle bayrak çekme hakkının kanıtlanmasını yarayan gemi tasdiknamesinin henüz alınmadığı hallerde bayrak şahadetnamesinin gemide bulundurulması zorunludur.

3 Deniz Ticaret Hukuku Modul 2_2 2. Certificate of fitness A certificate issued by or on behalf of the flat administration confirming that the structure, equipment, fittings, arrangements and materials used in the construction of a gas carrier are in compliance with the relevant IMO Gas Codes. Such certification may be issued on behalf of the administration by approved classification societies. A certificate issued by or on behalf of the flat administration confirming that the structure, equipment, fittings, arrangements and materials used in the construction of a gas carrier are in compliance with the relevant IMO Gas Codes. Such certification may be issued on behalf of the administration by approved classification societies.

4 Deniz Ticaret Hukuku Modul 2_2 3. Certificate of seaworthiness Document issued by a surveyor after repairs have been effected, certifying that the ship is seaworthy. Document issued by a surveyor after repairs have been effected, certifying that the ship is seaworthy.

5 Deniz Ticaret Hukuku Modul 2_2 DENİZDE CAN VE MAL KORUMA HAKKINDA KANUN Md. 2: “ a. Tekne, genel donanım, makina, kazan gibi esas kısımları, b. Yükleme durumu, b. Yükleme durumu, c. Yakıtının ve kumanyasının yeterliği, c. Yakıtının ve kumanyasının yeterliği, d. Gemi adamlarının yeterliği ve sayısı; d. Gemi adamlarının yeterliği ve sayısı; Bakımlarından Ulaştırma Bakanlığı ile diğer ilgili kuruluşların görüşleri alınmak suretiyle hazırlanacak yönetmeliklerince tespit olunmuş, nitelikleri haiz bulunmaması yüzünden, yapacağı yolculuğun normal rizikolarına karşı koyamayacak durumda olan bir ticaret gemisi "yola elverişli" sayılmaz ve böyle bir geminin yola çıkmasına izin verilmez. “ Bakımlarından Ulaştırma Bakanlığı ile diğer ilgili kuruluşların görüşleri alınmak suretiyle hazırlanacak yönetmeliklerince tespit olunmuş, nitelikleri haiz bulunmaması yüzünden, yapacağı yolculuğun normal rizikolarına karşı koyamayacak durumda olan bir ticaret gemisi "yola elverişli" sayılmaz ve böyle bir geminin yola çıkmasına izin verilmez. “ Ticaret gemisi :Menfaat sağlamak kasdıyla denizde kullanılan her gemi (Md.1/b )

6 Deniz Ticaret Hukuku Modul 2_2 DENİZDE CAN VE MAL KORUMA HAKKINDA KANUN Md. 3 –” Ticaret gemilerinin tahsis edildikleri işlere ve yapacakları yolculuklara göre tekne, makine, kazan, genel donanım, can kurtarma, yangından korunma ve yangın söndürme ve sair araç ve teferruatının tüzüğü gereğince haiz olmaları lazımgelen durumları yılda en az bir defa denetlenir.” Md 4 – “Denetleme sonunda durumu tüzüğe uygun olduğu anlaşılan ticaret gemisine süreli bir "Denize elverişlilik belgesi" verilir. Böyle bir belgesi olmayan yahut belgesinin süresi bitmiş olan ticaret gemisinin yola çıkmasına izin verilmiyeceği gibi herhangi bir sebeple tüzüğünde gösterilen nitelikleri kaybetmiş olan ticaret gemisinin de belgesi battal edilir. “

7 Deniz Ticaret Hukuku Modul 2_2 4. Classification Certificate Certificate issued by a classification society which states the class attributed to a ship. Certificate issued by a classification society which states the class attributed to a ship.

8 Deniz Ticaret Hukuku Modul 2_2 4.1. Classification Societies Organizations whose main function is to carry out surveys of ships whilst being built and at regular intervals after construction, their purpose being to set and maintain standarts of construction and upkeep for ships and their equipment. Organizations whose main function is to carry out surveys of ships whilst being built and at regular intervals after construction, their purpose being to set and maintain standarts of construction and upkeep for ships and their equipment. Each classification society has a set of rules governing the requirements for surveys and a number of classes; these are categories denoting the type of ship and the classification society with which she is classed. Each classification society has a set of rules governing the requirements for surveys and a number of classes; these are categories denoting the type of ship and the classification society with which she is classed.

9 Deniz Ticaret Hukuku Modul 2_2 4.1.Classification In most countries, it is not obligatory for a shipowner to have his ship classed but there would be considerable difficulties in trading if the ship were not, since it is often a condition of the ships insurance and a requirement of most charterers and shippers. In most countries, it is not obligatory for a shipowner to have his ship classed but there would be considerable difficulties in trading if the ship were not, since it is often a condition of the ships insurance and a requirement of most charterers and shippers. Classification societies also inspect and approve the construction of shipping containers. Classification societies also inspect and approve the construction of shipping containers.

10 Deniz Ticaret Hukuku Modul 2_2 5. Dangerous Cargo Endorsement Endorsement issued by a flag state administration to a certificate of competency of a ship ‘s officer allowing service on dangerous cargo carriers such as oil tankers,chemical carriers or gas carriers. Endorsement issued by a flag state administration to a certificate of competency of a ship ‘s officer allowing service on dangerous cargo carriers such as oil tankers,chemical carriers or gas carriers.

11 Deniz Ticaret Hukuku Modul 2_2 6. Deratting Certificate Document issued by the health authorities in a port which certifies that any rats on board a ship have been exterminated. Document issued by the health authorities in a port which certifies that any rats on board a ship have been exterminated. 7. Deratting Exemption Certificate Document issued by the health authorities in a port Document issued by the health authorities in a port which certifies that their inspector has found a which certifies that their inspector has found a ship to be free of rats.

12 Deniz Ticaret Hukuku Modul 2_2 8. Gas –Free Certificate A gas – free certificate is most issued by an independent chemist to show that a tank atmosphere has been tested, and is certificated to contain adequate oxygen and is sufficiently free from toxic, chemical and hydrocarbon gases for a specified purpose such as tank entry and hot work. A gas – free certificate is most issued by an independent chemist to show that a tank atmosphere has been tested, and is certificated to contain adequate oxygen and is sufficiently free from toxic, chemical and hydrocarbon gases for a specified purpose such as tank entry and hot work.

13 Deniz Ticaret Hukuku Modul 2_2 9. International Load Line Certificate It gives the positions of a ship’s freeboards relative to her deck line and the positions of her various load lines above and below her summer load line. It gives the positions of a ship’s freeboards relative to her deck line and the positions of her various load lines above and below her summer load line. The certificate states that the ship has been surveyed and the appropriate load lines marked on her sides. The certificate states that the ship has been surveyed and the appropriate load lines marked on her sides.

14 Deniz Ticaret Hukuku Modul 2_2 10. International Tonnage Certificate Certificate issued to a shipowner by a goverment department in the case of a ship whose gross and net tonnages have been determined in accordance with the International Convention of Tonnage Measurement of Ships. The certificate states the gross and net tonnages together with details of the spaces attributed to each other. Certificate issued to a shipowner by a goverment department in the case of a ship whose gross and net tonnages have been determined in accordance with the International Convention of Tonnage Measurement of Ships. The certificate states the gross and net tonnages together with details of the spaces attributed to each other.

15 Deniz Ticaret Hukuku Modul 2_2 11. ISM Code Documents Companies which comply with the ISM Code should be issued with a Document of Compliance, acopy of which should be kept on board. Companies which comply with the ISM Code should be issued with a Document of Compliance, acopy of which should be kept on board. Administrations should issue a Safety Management Certificate to indicate that the company operates in accordance with the safety management system and periodic checks should be carried out. Administrations should issue a Safety Management Certificate to indicate that the company operates in accordance with the safety management system and periodic checks should be carried out.

16 Deniz Ticaret Hukuku Modul 2_2 12.Safety –radio- telegraphy Certificate Document issued by the authorities of a country which certificates that a ship is equipped with suitable radio equipment taking into consideration her size, number of crewmen and the types of voyage which she is likely to undertake. Document issued by the authorities of a country which certificates that a ship is equipped with suitable radio equipment taking into consideration her size, number of crewmen and the types of voyage which she is likely to undertake.

17 Deniz Ticaret Hukuku Modul 2_2 13. Log-Book (Gemi Jurnali) Log – book is a journal containing a detailed account of the situation of the ship from time to time, the winds, weather and eveything of importance that has taken place during her voyage. Log – book is a journal containing a detailed account of the situation of the ship from time to time, the winds, weather and eveything of importance that has taken place during her voyage. Under Turkish Commercial Code a log – book shall be kept by all ships with the exception of small vessels employed solely in harbours. (Art. 980-981) Under Turkish Commercial Code a log – book shall be kept by all ships with the exception of small vessels employed solely in harbours. (Art. 980-981)

18 Deniz Ticaret Hukuku Modul 2_2 Deniz raporu (Sea protest) A sea protest is a written statement containing A sea protest is a written statement containing accidents and extra ordinary occurences encountered by the vessel on her voyage. According to the articles of Turkish Commercial According to the articles of Turkish Commercial Code (Art. 982-985) this protest has to be submitted to the competent court (commercial courts -asliye ticaret mahkemesi ) by the master.

19 Deniz Ticaret Hukuku Modul 2_2 Sea protest The judge examines the oral evidence given by the seamen and the testimony of the each one is entered into the record of the court. Thus the sea report consists of such record and the annex thereof. The judge examines the oral evidence given by the seamen and the testimony of the each one is entered into the record of the court. Thus the sea report consists of such record and the annex thereof. In many other countries the sea protest drawn up by the master is attested by the notary public. In this case the depositions of the seamen are not contained. In many other countries the sea protest drawn up by the master is attested by the notary public. In this case the depositions of the seamen are not contained.

20 Deniz Ticaret Hukuku Modul 2_2 Sea protest In our legal system a sea protest is a discretionary (takdiri ) evidence contents of which may be challanged by any species of proof to the contrary. In our legal system a sea protest is a discretionary (takdiri ) evidence contents of which may be challanged by any species of proof to the contrary.