Collision with Joint Fault in Maritime Law | Turkish Commercial Code and Supreme Court Decisions
Joint Fault Collision in Maritime Law
Maritime law provides specific rules for resolving disputes arising between ships sailing on international waterways. One of the most important of these rules collisions . A collision refers to the legal and factual consequences arising from two or more ships colliding with each other while at sea. These collisions sometimes result from unilateral fault, while other times they arise from the joint fault of the parties. In legal literature, this a "collision with joint fault" .
The Concept and Legal Nature of Collision
Collision is regulated in detail in the Turkish Commercial Code (Articles 1278 and onwards). According to the law, a collision is defined as the contact of at least two vessels with each other, resulting in material damage. For a collision to exist:
- There must be actual contact between the two ships
- Contact must occur at sea or in navigable waters
- Damage must result from contact
- This damage must be based on fault, negligence, or breach.
Collisions are not limited to direct collisions between ships. In some cases, damage caused by near-distress maneuvers or water waves can also be considered a collision.
What is a Collision Due to Joint Fault?
A collision with shared fault occurs when more than one party is found to be at fault in a collision between two vessels. Here, the damage is not due to the fault of a single vessel, but rather to the combined actions of the parties involved: faulty maneuvers, failure to comply with navigation regulations, or negligence.
For example:
- A ship's failure to properly operate its navigation lights,
- If the other vessel does not change course despite the distress signal, this could lead to a collision. In this case, it would be a collision caused by mutual fault
Collision with Joint Fault in Turkish Law
According to Article 1281 of the Turkish Commercial Code, if a collision occurs due to the fault of more than one vessel, each vessel shall be liable in proportion to its own fault.
- Determining Fault Ratios: Courts and maritime experts determine fault ratios by examining evidence such as ship logbooks, radar records, witness statements, and AIS (Automatic Identification System) data.
- Proportional Compensation: The injured party can claim compensation in proportion to their degree of fault. For example, if one ship is 60% at fault and the other is 40% at fault, the first ship would have to cover 60% of the damage, and the other ship would have to cover the remaining 40%.
- Inability to Determine Fault: If the percentages of fault cannot be determined, the parties share the damages equally.
International Regulations
Turkish legal regulations are largely influenced by the 1910 Brussels Convention on Collisions . This convention introduced the principle of pro rata (proportional sharing) in collisions involving common fault . Similarly, the provisions of COLREG 1972 (International Regulations for Preventing Collisions at Sea) also define the rules to be followed in order to prevent collisions.
For example, if rules such as the obligation to use lights during night navigation, right of way in narrow channels, and priority of vessels (right of way) are violated and these violations play a role in a collision, both parties will be held liable.
Joint Fault in Collisions in Light of Supreme Court Decisions
In Turkish judicial practice, the Court of Cassation frequently applies the principle of joint fault , particularly when reviewing decisions rendered by Maritime Specialized Courts
- The 11th Civil Chamber of the Supreme Court of Appealshas emphasized in its rulings that international maritime rules must be taken into account in determining fault.
- In one case, where two ships collided while navigating a narrow strait, the failure of one ship to reduce its speed and the failure of the other to change its course in time were deemed joint faults, and the compensation was divided accordingly.
Such decisions highlight the principle of jointly culpable collision as a fundamental mechanism for ensuring equity in maritime law
Consequences of a Collision Due to Joint Fault
- Compensation Sharing:
Damages are divided according to the degree of fault. This covers both the repair costs of the ships and the damage to the cargo. - Third-Party Liability:
Third parties affected by the collision (e.g., cargo owners) can sue the shipowner directly. The shipowner can then seek recourse against the other negligent party. - Insurance Relationship:
In case of collision, P&I (Protection and Indemnity) insurance comes into effect. Insurance companies make payments according to the degree of fault and activate the recourse mechanism. - Criminal Liability:
If gross negligence or rule violations are involved, a criminal investigation may also be opened against the captain and ship's crew.
Examples in Practice
- Collisions in the Straits: The Istanbul and Çanakkale Straits are the areas where collisions occur most frequently due to heavy maritime traffic. In collisions involving shared fault, the responsibilities of both the pilot and the ship captain are assessed.
- Collisions during Port Maneuvers: Insufficient use of tugboat support or incorrect maneuvering can also lead to collisions caused by mutual fault.
Evaluation and Conclusion
Joint fault in collision is a fundamental principle in maritime law that establishes a balance of justice and equity. Instead of attributing fault solely to one party, "everyone pays the price for their own fault ." This is crucial for both the safety of maritime trade and the protection of the rights of all parties involved.
When the Turkish Commercial Code, international maritime conventions, and Supreme Court precedents are considered together, it can be concluded that a collision with common fault is:
- Fair distribution of responsibilities,
- Rational sharing of losses,
- Promoting maritime security,
- The functionality of the insurance system
It appears to play a key role in this regard.
Therefore, it is important for all parties involved in maritime activities—shipowners, operators, captains, insurance companies, and cargo owners—to be well-versed in the common fault-based collision regime, as this will both reduce legal risks and enhance commercial security.
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