The Purpose of the Registration Register in Maritime Law

Entrance

Maritime trade is one of the most widely used methods of transportation at both national and international levels. However, not every vessel sailing the seas is a merchant ship. Small boats, fishing vessels, pleasure and sports boats, and other vessels of varying sizes and functions also play an important role in maritime trade and life. To provide legal protection and subject these vessels to state control, a registry system has been developed.

The vessel registry is a special system established within the framework of the Turkish Commercial Code (TTK) and related legislation, for registering marine and inland waterway vessels that are not subject to mandatory ship registry registration but have specific dimensions, characteristics, and functions. The aim of this article is to explain in detail the reason for the existence of the vessel registry, its function, and its role in maritime trade.

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1. Legal Basis of the Registration Register

• the Turkish Commercial Code (TTK, Articles 941 et seq.) regulates the ship registry, it did not directly regulate the registration system for small vessels and inland waterway craft; this gap was filled by the mooring register.
• The 2009 Vessel Registration Registry Implementation Regulationspecifies which vehicles are to be registered in the vessel registry, the registration procedures, and the legal consequences.
• The Ministry of Transport and Infrastructure and the Ministry of Interiorare authorized as the administrative authorities responsible for the maintenance of the registry.

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2. The Purpose of the Creation of the Binding Register

The boat registry system was developed specifically to address the security, economic, and legal problems created by unregistered vessels

2.1. Providing Legal Protection

• Registration of property rights of the owners.
• Transfer and sale transactions should be conducted transparently.
• Providing protection against third parties through the principle of reliance on the registry.

2.2. Strengthening State Oversight

• Making small boats traceable.
• Preventing smuggling, illegal hunting, and illicit trade.
• Enhancing maritime security.

2.3. Regulating Tax and Fee Revenues

• Regular collection of taxes and fees from registered vehicles.
• Preventing financial losses for the state.

2.4. Promoting Tourism and Yachting

• Ensuring that yachts and tourist boats have a reliable legal framework.
• Ensuring that yacht tourism complies with international standards.

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3. Functions of the Binding Log

3.1. Identity Formation

Each vehicle receives a unique identification number upon registration in the vehicle registry. This facilitates both inspections and legal procedures.

3.2. Presumption of Ownership

The person listed as owner in the vehicle registry is considered the owner. This provides legal security and commercial stability.

3.3. Registration of Property Rights

Real rights such as mortgages, usufruct rights, and attachments are recorded in the real property registry, making them enforceable against third parties.

3.4. International Harmonization

Every state has registration systems to regulate maritime activities. The registry supports the alignment of Turkish law with international standards.

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4. The Purpose of the Vessel Registration Register in Light of Supreme Court Decisions

• The 11th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2015/4321 E., 2017/5980 K., emphasized that the person appearing as the owner in the vehicle registry should be considered the owner.
• The 11th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2016/712 E., 2017/3489 K., stated that the registration in the land registry provides security in the transfer of ownership.
• The 11th Civil Chamber of the Supreme Court of Appeals, in its decision numbered 2018/3420 E., 2019/2216 K., confirmed that the registry is a necessary registration system for the economic and legal security of small vessels.

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5. Problems Encountered in Practice

• Some of the small boats are still unregistered.
• There are differences in implementation among port authorities.
• The electronic logging system is not fully established.
• High fees and taxes lead to a shift towards the informal economy.

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6. Proposed Solutions

• Digital infrastructure must be strengthened: The electronic registry system should be implemented in all ports.
• Consistency in application must be ensured: Standard guidelines should be prepared to eliminate differences.
• Incentives should be introduced: Tax and insurance advantages should be offered to registered vehicle owners.
• Inspections should be increased: Unregistered vehicles should be identified and registered.

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Conclusion

In maritime law the purpose of the registryis to provide legal security by registering small vessels and marine craft, to strengthen the state's supervisory authority, to protect the economic order, and to create transparency in maritime activities.

• It guarantees the property rights of the owners.
• The principle of reliance on records is applied against third parties.
• It provides financial revenue to the state.
• Maritime safety contributes to public order and the development of tourism.

In conclusion, the vessel registry is not merely an administrative record system; it guarantees legal security, commercial stability, and the sustainability of maritime activities.