What are Ship Registers in Maritime Law?

Ship Registers in Maritime Law

Entrance

The safe and orderly conduct of maritime trade depends on the transparent identification and legal status of ships. A ship is not merely a means of transportation; it is an asset of high economic value, subject to mortgages and pledges, and central to commercial activity. Therefore, maintaining a register of ships and clarifying their legal status to third parties is essential. The institution that fulfills this need the ship registries.

Ship registers function similarly to real estate land registers. Through these registers, elements such as ship ownership, mortgages, pledges, port of registration, name, and call sign are officially recorded.

Legal Basis of Ship Registry

1. Regulation in the Turkish Commercial Code

Articles 952 to 971 of the Turkish Commercial Code regulate the ship registry in detail. Accordingly:

A register is kept for each ship.
Registration is mandatory.
Matters recorded in the register are binding against third parties.

Article 952 of the Turkish Commercial Code clearly states, "Every ship shall be registered in the ship register kept by the port authority of the place where it is located.".

2. Purpose of the Register

The main purposes of ship registration are as follows:

Determining the legal status of the ship,
To safeguard property and real rights,
To gain the trust of third parties,
The flag symbolizes loyalty to the state
To increase commercial security.

Functions of the Ship Registry

The ship registry is not just a record; it is also a tool for security and transparency.

1. Determination of Ownership

The ownership of a ship can be determined from its registration. The person listed as the owner in the registration is considered to have proven their right of ownership.

2. Registration of Real Rights

Real rights such as ship mortgages, pledges, and usufruct rights are recorded in the registry. These records are also valid against third parties.

3. Elements of Identity

The ship's name, port of registration, and call sign are also recorded in the register. This legally identifies the vessel.

4. Transparency and Trust

The ship register is public. Anyone can obtain information from it. This ensures trust in maritime trade.

Types of Ship Registers

There are multiple ship registries in Turkish law.

1. National Ship Registry

It is maintained within the framework of the Turkish Commercial Code and the Ship Registry Regulations.
The right to fly the Turkish flag is acquired through registration in this registry.
Most ships engaged in cargo and passenger transport are registered in this registry.

2. Optional Registers Apart from the National Ship Register

Ships Under Construction Register: This register is kept for ships that are still under construction. It is important for establishing real rights over the ship even during the construction phase.
Small Boat Registry: A separate registry is kept for small boats up to 18 gross tons.

3. Foreign Registers

Foreign-flagged vessels arriving at Turkish ports are registered in their respective countries. However, while operating in Türkiye, they are also subject to national legal regulations.

Matters Recorded in the Register

According to Article 954 of the Turkish Commercial Code, the following information is recorded in the ship register:

Ship's name, type, tonnage, port of registration, call sign, IMO number,
Owner's name, surname or title,
Mortgage and pledge rights,
Transactions such as transfer, sale, and donation,
Confiscation or seizure of the ship.

These records make the ship legally transparent.

Modification of Ship Register

Information recorded in the registry may change over time.

When ownership changes, the transfer must be recorded in the land registry.
The registration is updated if the port of call changes.
If the ship's name or call sign changes, this is also recorded in the register.

The changes take effect against third parties only from the date they are entered in the register.

Legal Effects of the Registry

1. The Principle of Reliance on Records

As in real estate law, the principle of reliance on the registry applies to ship registry. The person appearing as the owner in the registry is considered the owner by third parties. However, this principle is not absolute; malicious individuals cannot rely on the registry.

2. Publicity

The registry records are publicly accessible. This allows third parties to ascertain whether there are any real rights or obligations on the vessel.

3. Evidential Value

Registry records are considered official documents. They are accepted as strong evidence in courts.

Ship Registry in Supreme Court Case Law

The Court of Cassation has issued numerous rulings regarding ship registration:

The 11th Civil Chamber of the Supreme Court of Appeals, in one of its decisions, emphasized that a mortgage right that is not registered in the land registry cannot be asserted against third parties.
In another decision, it was stated that the transfer of ownership of the vessel would only be completed upon registration in the registry, and that transfers not registered in the registry would not be valid against third parties.
The General Assembly of the Supreme Court of Appeals, recalling the principle of transparency of the ship registry, stated that a person obtaining information from the registry would be considered acting in good faith.

These precedents demonstrate that the ship registry is as important for real estate as the land registry.

Ship Registry in International Law

Ship registration is also important in international maritime law:

UNCLOS Article 91regulates the obligation of each state to keep a register for its own ships.
Flag State Affiliation: Being registered in the ship registry determines which flag the ship will fly.
Inspection Authority: The flag state inspects the compliance of vessels registered under its registry with international regulations.

Views in Doctrine

There are differing views in legal doctrine regarding the function of the ship's register:

Some authors view the register solely as a record-keeping and information tool
According to another view, the registry is not only information but also constitutive legal act.

The prevailing view in Turkish law is that the transfer of ship ownership is only completed upon registration in the registry, meaning that the registry has a constitutive effect .

The Economic and Commercial Role of Ship Registry

Financing: Banks rely on credit records when granting loans secured by ship mortgages.
Insurance: Ship registration information is used as the basis for insurance policies.
International Trade: Ship registration information is checked during port inspections.
Investment Security: The registry provides legal security for investors.

Conclusion

In maritime law ship registriesare one of the most fundamental institutions for identifying vessels and ensuring commercial security. The Turkish Commercial Code mandates the registration of every vessel, enabling transparent monitoring of ownership, mortgages, pledges, and other rights.

The precedents set by the Supreme Court also confirm that the registry is a legal mechanism that provides security to third parties, reinforces the principle of transparency, and has a constitutive effect.

In conclusion, the ship register, along with the ship's name, port of home, call sign, and IMO number, is considered one of the fundamental pillars of legal security in maritime trade

Single Blog Title