Types of Ship Registration in Maritime Law

Entrance

Maritime trade is one of the most important elements of the world economy. The vast majority of international trade is carried out via sea transport; therefore, determining the legal status of ships and registering them securely is of great importance. In the Turkish legal system, ship registration procedures of the Turkish Commercial Code (TTK) . The main purpose of these regulations is to ensure legal security in maritime transport and to transparently disclose the ownership, mortgages, usage rights, and other real rights of ships to third parties.

In this context, the registration of ships is not only an administrative process but also a powerful legal mechanism that protects the rights of creditors, investors, and ship owners. However, the types of ship registration vary. In Turkish maritime law, the ship registry is an institution that determines the flag of ships, allows for the registration of ownership and real rights, and provides enforceability against third parties.

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The Concept of Ship Registry

A ship registryis an official registration system that identifies a ship's legal identity. A separate registry file is kept for each ship, containing technical information such as the ship's name, tonnage, type, flag, owner, place of construction, and year of construction, as well as any real rights established on it (mortgage, pledge, etc.).

In Turkish law, the ship registry serves three main functions:

1. Identifying Function: Describes the vessel with its technical and legal characteristics.
2. Registration Function: Enables the official recording of rights such as ownership and mortgages.
3. Transparency Function: It enables third parties to trust the official records.

Within the framework of these functions, different types of registration in the registry have different legal consequences.

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Types of Ship Registry Registrations

1. Original Registration

The primary registrationis the record in which the ownership of the ship is registered, and the identity of the ship and its owner are definitively determined. With the primary registration in the ship registry, the ship legally the right to fly the Turkish flag .

• Scope: This record includes the ship's name, tonnage, year of construction, owner, changes of ownership, mortgages, and liens.
• Legal Consequence: Original registration ensures that the ownership rights of the vessel can be asserted against third parties. It is also essential for the creation of mortgages and similar real rights.
• Example: A ship built by a Turkish shipowner at the Tuzla Shipyard is registered in the registry with its original registration after its completion.

2. Provisional Registration

Temporary registration is a type of registration used when a ship is still under construction or when a ship is purchased from a foreign country and brought to Türkiye.

• Scope: Temporary registration of the vessel while it is under construction or until a certificate of exit from the foreign registry is obtained.
• Legal Outcome: Provisional registration provides limited legal protection for the vessel. However, for definitive ownership registration and the right to fly the Turkish flag, the provisional registration must be converted into a permanent registration.
• Example: A Turkish company purchases a dry cargo ship registered in Greece. Until the deregistration process is completed in the Greek registry, the ship is temporarily registered in the Turkish registry.

3. Optional Registration

Voluntary registration is the registration of small tonnage vessels or certain types of marine craft that are not legally required to be registered.

• Scope: For vessels smaller than 18 gross tons, owner can opt for registration if desired.
• Legal Consequence: Voluntary registration provides legal security for the vessel and allows for the establishment of a mortgage. However, since registration is not mandatory, some small boats can operate without registration.
• Example: The owner of a 15-gross-ton vessel used for passenger transportation in the Bosphorus Strait can voluntarily register their vessel in order to obtain a loan.

4. Registration of Mortgages and Real Rights

Along with the original registration, all real rights arising on the vessel must be recorded in the registry. Ship mortgages, in particular, are of vital importance for the security of creditors.

• Scope: Rights such as ship mortgages, liens, and usufruct rights are recorded within this scope.
• Legal Consequence: A mortgage or real right not registered in the land registry cannot be asserted against third parties. Therefore, creditors are obliged to register their claims to secure them.

5. Records Required for Registration

According to the Turkish Commercial Code, all merchant vessels above a certain tonnage are required to be registered. Registration is particularly mandatory for merchant vessels larger than 300 gross tons

• Scope: Large tonnage vessels, commercial tankers, container ships, and passenger ships.
• Legal Consequence: If the vessel is not registered, it cannot legally fly the Turkish flag and cannot participate in international voyages.

6. Registration of Ships Under Construction

Registration is also possible for ships that are not yet completed. This registration gives the ship, which is under construction, legal personality.

• Scope: Registration of the ship under construction at the shipyard.
• Legal Implication: It allows for the establishment of a mortgage on the ship under construction. This enables shipyards or financial institutions to provide credit during the construction process.

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The Importance of Record Types and Differences in Practice

The fundamental difference between the types of registration in the ship registry the degree of legal protection and the level of obligation. Primary registration provides the broadest legal protection, while provisional registration offers limited protection. Voluntary registration creates additional opportunities for the owner, while mortgage registration protects the claims of third parties.

These differences directly affect the rights of ship owners and creditors in practice. Choosing the correct registration type is particularly important when securing financing, establishing mortgages, or changing flags.

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Supreme Court Decisions Regarding Registration in the Ship Registry

The Supreme Court frequently emphasizes the importance of registration procedures in the ship registry transparency and trust . In its rulings, it states that third parties who rely on the registry must be protected, and that rights not registered cannot be asserted against third parties.

For example, if a mortgage is established on a ship but not registered in the registry, this mortgage does not become public and cannot be asserted against third parties. Therefore, the Supreme Court's jurisprudence emphasizes the need for complete and accurate registry records.

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Conclusion

In maritime law, registration in the ship registry is a fundamental element that determines the legal identity of ships and ensures safety in international transport. Primary registration, provisional registration, optional registration, mortgage registration, and registration of ships under construction all have different legal consequences in practice.

Under the Turkish Commercial Code and related legislation, the types of registration in the ship registry are indispensable for the protection of property, the securing of creditors, and the reliable conduct of maritime trade.

Especially in the increasingly competitive global trade environment, accurate and complete registration records are of great importance for the international reputation of the Turkish flag and the development of the maritime sector.

Gozdenur Turna