Ship Lease Agreements
SHIP BOOK CONTRACTS
1.What is the Ship Lease Agreement?
Ship Lease Agreements no. 6102 turkish commercial law between m.1119 – 1130 is regulated by the provisions and ttk. in accordance with m.1119;” A contract in which the leaser undertakes to leave the use of the ship to the tenant for a certain period of time, in exchange for the rental fee”.
2.What are the types of ship lease agreement?
There are 3 types of ship charters that are frequently encountered in international shipping and Turkish applications.The first is the so-called ‘Bareboat Charter Contracts’. It means that the ship is delivered to the tenant empty and without seamen.
The latter is the so-called ‘Equipped Ship Lease Agreement’ (Demise Charter Contracts). It is the contract that allows the services of the shipmen along with the ship to be allocated to the tenant.
Thirdly, there are contracts prepared by the Baltic and International Maritime Council (BIMCO), known as ‘Barecon 2001’.
3.Which Ships Does the Ship Lease Agreement Cover?
Tcc. in accordance with m.931; “Although the purpose to which it is allocated is not possible for any vehicle that requires it to move in the water, which has swimming characteristics and is not very small, it is considered a ‘ship’ in terms of this Law.”
With this provision, water vehicles operated in any way, such as restaurants, hotels or any other way by constantly anchoring, stranding or landlocked somewhere, are excluded from the scope of the ship’s definition as the purpose for which it is specific does not require it to move in the water.
At the same time, a not-so-small water vessel (tugboats, etc.) with swimming features is considered a ship, even if it is not possible to move spontaneously, so the ship is the subject of the lease agreement.
4.Establishment and Shape of Ship Lease Agreement
Tcc. in accordance with m.1120; ‘Each party to the ship lease agreement may request that a ship lease with the terms of the contract and called the ship lease wheel party be arranged and given to him, provided that he is paid.’
The shape requirement for ship lease agreements is not stipulated, hence the TBK. In accordance with m.12, in accordance with the principle of release in contracts, this type of contract can be established even orally. In addition, tbk. in accordance with the provision m.12; the parties do not match the secondary points of the contract does not prevent the establishment of the contract. Examples include where the ship will be delivered, where it can ship, the duration of the contract, the type of use, the way the rental price is paid, or the bank account to which it will be deposited.
In addition, in accordance with Article 200 of the Law Procedure Law no. 6100, legal proceedings that have passed 2500 TL in quantity or values at the time they were made and for the purpose of birth, reduction, transfer, change, renewal, postponement, redeplus and redeplus of a right must be proved by promiss general order. Therefore, it is more accurate to do so in writing as proof of the contract syed by the ship that has oversed the amount in question will be in writing.
The parties must mutually agree that the use of the vessel, which is the main points of the ship lease agreement, should be temporarily left to the tenant in exchange for the rental price. Tcc. in accordance with provision m.1121; contract will be ed to the ‘Ship Registry’.
