Türk hukukunda gemilerin ihtiyati haczi
Çalışmamız üç bölümden ve sonuç kısmındanoluşmaktadır.Çalışmamın ilk bölümünde, deniz hukukunun tarihi gelişiminden kısaca bahsedilmiş, Çalışmamın ilk bölümünde, deniz hukukunun tarihi gelişiminden kısaca bahsedilmiş, çalışmamızın ilk bölümün son kısmında gemi alacaklısı hakkı veren alacaklar incelenmiş, İkinci bölümde, deniz hukukunda gemilerin cebri icraya konu olması ve ihtiyati haciz uygulamasında ortaya çıkan problemlerüzerinde durulmuştur. İkinci bölümün son kısmında ise, haczedilemez gemiler konusu anlatılmıştır. Üçüncü bölümde gemilerin ihtiyati haczi konusu anlatılmıştır. Üçüncü bölümde gemilerin ihtiyati haczi konusu anlatılmıştır. çalışmamızın sonuç bölümünde, gemilerin haczi ile ilgili olarak ele alınan başlıca meseleler hakkında varılan sonuçlar özet olarak verilmiştir.Our work is constitued of three sections and conclusion part.In the first section of our work, historical development of maritime law is touched upon briefly and 1952 Brussels Convention (International Convention Relating to the Arrest of Sea-Going Ships) and 1999 Geneva Convention (International Convention on Arrest of Ships) are covered. Additionally, the definition, features, types and nationality of a vessel, owner and the liability of owner are briefly handled. The new regulations in the draft of proposed Turkish Commercial Code regarding above mentioned issues are strived to be conveyed.In the last part of the first section, claims which are granted with the right of a lien are examined, the right holder of maritime lien is defined and the legal nature is explained within the second section. The claims which grant maritime lien in accordance with Turkish Commercial Code are determined and the legal rank between such claims are mentioned. Specific features of the claims that granted maritime lien are identified also within this section.In the second section, the vessels being subject to execution under Maritime Law and the problems in relation to the practice of precautionary attachment are stressed upon. Additionally, one of the basic matters come across in the field of execution is touched and the issue of the describing of vessels as movable or immovable with its consequences are mentioned. Thereafter, the precautionary judgment, the precautionary attachment and the court decisions issued in practice for execution of maritime liens onto the vessels are explained. Furthermore, preliminary injunction, precautionary attachment and the execution of court judgments regarding establishment of maritime lien on the vessels are expressed. The issue of which protection measures to be applied in execution of the vessels is appraised.In addition, the right to initiate the enforcement proceedings with demand for the realization of the pledge, which is granted to the right holder of a maritime lien and which also result with crutial problems in practice, are emphasized in this section and the necessary explanations are given regarding to this enforcement procedure.The vessels which are exempted from seizure under Turkish Commercial Code have been explained in the last part of the second section. Additionally, vessels to transit through the Turkish Straits, the exemption from seizure of State vessels and especially, the exemption from seizure of the vessels, which are ready to set sail.The precautionary attachment executed onto the vessels has been explained within the section three of our work. Since the precautionary attachment executed onto the vessels is not regulated by a specific provision of law under Turkish Law, we are left to make compulsory restrictions in this thesis. The specific matters in relation to the precautionary attachment process are explained without making explanations about the whole content of Article 257-268 of Law of Enforcement and Bankruptcy. The subjects, such as the competent courts of jurisdiction and the security to be deposited to the court by the claimant are explained in detail within the forth section. Especially, since the draft of proposed Turkish Commercial Code include new regulations about this subject, such new regulations are tried to be explained in this section.The conclusion includes a summary of the results that have been reached in relation to the precautionary attachment to be executed onto the vessels.
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