Registration of Objections in Maritime Law

Entrance

Maritime trade is one of the most dynamic and important areas of international trade. Ships are subject to special legal regulations due to their significant economic value and strategic role in trade. In this context the ship registryis the most fundamental tool for identifying ships, their owner, the rights held over them, and their nationality. The registry is a public record-keeping system that provides security to third parties.

However, it is not always possible to ensure that the entries in the registry are accurate and complete. Disputes may arise between the parties regarding the accuracy or validity of the entries. In this case, of registering an objection in the registry comes into play. Registering an objection in the registry ensures that third parties are informed of the dispute by recording the objection made against an entry in the registry. In this way, both the interests of the rights holder are protected and the principle of reliance on the registry is not undermined.

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1. Legal Basis for Registration of the Objection in the Registry

Articles 941 and subsequent articles of the Turkish Commercial Code (TTK) regulate the provisions relating to the ship registry. While the reliability of the records in the registry is paramount, interested parties the right to object .

Although not explicitly regulated in the Turkish Commercial Code, it is possible to have an objection to a registration noted in the registry, in accordance with the principles of general registry law. This institution complements both the principles of transparency and trust

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2. The Purpose of Registering the Objection in the Registry

The main purposes of registering an objection in the registry are as follows:

• Informing third parties: A person who wishes to conduct a transaction relying on the registry may discover an objection to the registration.
• Protecting the rights holder: The rights of the person who objects to the incorrect registration are secured.
• Strengthening the principle of transparency: The register is kept up-to-date to reflect not only definitive rights but also disputes.
• Preparing for future lawsuits: Recording an objection in the registry facilitates proof during the litigation process.

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3. Under what circumstances is the registration of an objection in the registry necessary?

The registration of an objection in the registry comes into play especially in the following situations:

1. Property dispute
   • The ship's owner was incorrectly recorded.
   • Multiple people claiming ownership.
2. Mortgage and pledge disputes
   • The claim that the mortgage registration is illegal.
   • Failure to remove from the register even though the lien has expired.
3. Disputes regarding the annotated rights
   • Claim that the long-term lease or bareboat charter agreement is invalid.
4. Dispute in court proceedings
   • While awaiting the outcome of the pending lawsuit, the objection to the relevant record is entered into the registry.

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4. Procedure for Registering the Objection in the Registry

The registration of the objection in the registry takes place as follows:

• Application: The applicant submits a written application to the registry office.
• Submission of documents: Documents demonstrating the grounds for objection must be submitted (e.g., lawsuit petition, notarized notice).
• Registry office review: Evaluates the application and, if deemed necessary, notes the objection in the registry.
• Annotation: An "objection" annotation is added to the register, making it available for review by third parties.

In some cases, the registry office may require a court order to register the objection in the registry. In this case, the Commercial Court of First Instance.

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5. Legal Consequences of Registering the Objection in the Registry

The mere registration of an objection in the registry does not, by itself, create a right. However, it does have the following consequences:

• Warning regarding third parties: A third party who proceeds with a transaction despite an objection in the registry will now be considered acting in bad faith.
• Ease of proof for the rights holder: The fact that the objection has been registered constitutes evidence in favor of the rights holder in any future lawsuit.
• Balancing the principle of reliance on the registry: While protecting third parties who rely on the registry record, the interests of the objector are also taken into account.

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6. Registration of the Objection in the Registry in Light of Supreme Court Decisions

The Court of Cassation has addressed the legal consequences of objections to criminal records in various rulings:

• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2014/6212 E., Decision No. 2015/7463 K., ruled that once an objection to a record is registered, third parties can no longer claim good faith.
• The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2016/713 E., Decision No. 2017/3490 K., ruled that the mere registration of the objection in the registry was deemed sufficient to prevent the plaintiff from losing their rights, and that creditors should be protected.
• The 11th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2018/3421 E., 2019/2215 K., emphasized that the registry office cannot refuse to process the objection, otherwise a violation of rights would occur.

These decisions reinforce the importance and practical function of registering an objection in the registry.

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7. Problems in Implementation

Some problems arise in the process of registering objections in the registry:

• Differences in implementation among registry offices.
• Uncertainty regarding which documents will be used to prove the objection.
• In some cases, registry offices unnecessarily request court orders.
• The objections are not sufficiently visible in electronic registration systems.

These problems can undermine transaction security in maritime trade.

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8. Proposed Solutions

• Uniformity of practice must be ensured: Standard guidelines should be prepared for registry offices.
• An electronic registration system should be developed: objection statements should be accessible to everyone in digital format.
• The workload of the courts should be reduced: Simple objections should be processed directly by the registry office.
• International harmonization is necessary: ​​Integration with the registry practices of other flag states should be established.

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Conclusion

In maritime law the registration of objectionsis an important institution for maintaining legal certainty and transparency.

• Any objection to a record in the registry is recorded in the registry and made public to third parties.
• This action does not create any rights, but it invalidates any claim of good faith by third parties.
• Supreme Court rulings also show that registering an objection in the registry both protects the rights holder and increases commercial security.

In conclusion, registration of an objection in the registryis a complementary mechanism that strengthens the accuracy, transparency, and reliability of the ship registry.