THE COMMENCEMENT OF START-UP IN MARITIME COMMERCIAL LAW

In maritime trade, the time a ship spends loading and unloading directly affects the efficiency and cost of trade. In this context, managing this period, known as "starya," is of great importance to both shipowners and shippers. Starya time is a critical factor determining how long a ship must wait in port for loading or unloading. In Turkish Maritime Commercial Law, starya time is a significant concept regulating the rights and obligations of the parties. This article will discuss in detail the commencement of starya time, its legal regulations, the obligations of the parties, and its importance in maritime trade.

1. The Concept of Starya and its Legal Nature

Starya refers to the time a ship remains in port for loading and unloading in maritime trade. This period is of great importance for the shipowner to be able to commercially utilize the vessel and for the shipper to receive and deliver the cargo on time. Starya time is regulated within the framework of specific rules in the Turkish Maritime Commercial Code and serves to regulate commercial relations between the parties.

1.1. Definition of Starya

Starya is the time allotted for a ship to load or unload goods in port. This time is covered by the shipper or consignee and is usually explicitly stated in the contract between the parties. Starya time stands out as an element reflecting the value of time in maritime trade.

1.2. Legal Basis of the Starya Period

The relevant articles of the Turkish Maritime Commercial Code contain provisions regarding the determination and application of the demurrage period. These regulations aim to ensure fair and effective management of the process while respecting the freedom of contract between the parties. The demurrage period is considered an integral part of the maritime transport contract between the parties.

2. Commencement and Determination of the Starya Period

The demurrage period begins upon the ship's arrival at port and continues for a specified period. This period is usually determined by the provisions of the contract. If the demurrage period is not explicitly stated in the contract between the parties, it is determined according to the nature of the trade and international maritime trade rules.

2.1. The Beginning of the Starya Period

When the demurrage period begins depends on the ship's arrival at the port and the conditions there. Generally, demurrage begins when the ship arrives at the port and is ready for loading or unloading. However, arrival at the port alone is not sufficient for demurrage to begin; the ship must also be ready for loading, the necessary documentation must be complete, and the port must be suitable for loading/unloading operations.

2.2. Determining the Starya Period

The demurrage period may be explicitly stated in the contract between the parties. However, if no such provision is included in the contract, the demurrage period is determined according to the reasonable time the ship will spend in port for loading and unloading. This period generally varies depending on the size of the ship, the type of cargo, and the capacity of the port. In international trade, this period is determined by days called "laydays" and is generally evaluated within the framework of international trade rules.

3. Obligations During the Starya Period

During the starvation period, both the shipowner and the shipper/consignee are subject to certain obligations. Fulfillment of these obligations ensures the smooth progress of commercial transactions.

3.1. Obligations of the Shipowner

The shipowner is responsible for ensuring the vessel is suitable for loading and unloading operations during the demurrage period. This includes maintaining the vessel in a suitable position in port and ensuring that loading/unloading operations are carried out quickly and safely. Furthermore, the shipowner may be held liable for any delays that may occur during loading or unloading operations.

3.2. Obligations of the Shipper/Receiver

The shipper or consignee is responsible for ensuring that loading or unloading operations are completed on time during the demurrage period. This means preparing the goods, completing the necessary documentation, and carrying out the operations expeditiously. If loading or unloading operations exceed the demurrage period, the shipper or consignee may be liable to pay demurrage.

4. Exceeding the Starya Period and Demurrage

Exceeding the demurrage period is a common occurrence in maritime trade. In such cases, the ship owner may claim compensation called demurrage from the shipper or consignee for each day the demurrage period is exceeded.

4.1. The Concept and Calculation of Demurrage

Demurrage is compensation that the shipper or consignee demands from the shipper for each day the vessel's waiting period exceeds its permitted time in port. Demurrage charges are typically calculated based on a daily rate, usually specified in the contract. This amount aims to cover the costs and losses incurred by the vessel during its waiting time in port. If the amount of demurrage is not specified in the contract between the parties, it is determined by courts or arbitration boards based on the extent of the damage suffered by the shipowner.

4.2. The Legal Aspect of Demurrage

Demurrage is an important tool regulating commercial relations between parties in maritime trade. According to the Turkish Maritime Commercial Code, a demurrage claim is a legal right for each day exceeding the demurrage period. However, a demurrage claim is conditional upon the fact that the exceeding of the demurrage period is not due to the fault of the shipowner. If the shipowner caused the delay in loading or unloading operations, they cannot claim demurrage.

5. Commercial and Economic Significance of the Starya Period

Demurrage, in maritime trade, is more than just a legal concept; it also holds significant commercial and economic importance. This period directly impacts the shipowner's profitability, the shipper's logistics planning, and the overall efficiency of maritime trade.

5.1. The Importance of Starvation Period for Shipowners

Shipowners will want to minimize the time their vessels spend in port, as this time is a factor that limits the vessel's commercial activities. Prolonged demurrage means the vessel cannot be used for other voyages, which can lead to revenue loss. Therefore, effective management of demurrage is critical for shipowners in terms of controlling operating costs.

5.2. The Importance of Starya Time for Loaders

For shippers, demurrage time is crucial for the timely and cost-effective execution of logistics operations. Exceeding demurrage time can result in shippers incurring extra demurrage charges, increasing the cost of commercial operations. Furthermore, demurrage time is a critical factor in ensuring timely delivery of goods and preventing disruptions to the supply chain.

6. The Role of Starya Period in International Maritime Trade

In international maritime trade, the decay period is generally determined according to international maritime rules and commercial practices. This period plays a significant role in international transport contracts between parties and may vary according to the maritime trade legislation of different countries.