As a part of preparations for EU membership, Turkey is in
the process of amending or promulgation its primary and secondary
legislation. Within this framework, the long pending Turkish
Commercial Code, a key element for the accession negotiations, was
promulgated on 14 February 2011 and entered into force on 1 July
2012 ("New TCC"). Turkish Commercial Code regulates the
maritime matters as well as other areas of commercial transactions
and shall radically amend many aspects of Turkish maritime law,
including arrest of ships.
This article outlines the new ship arrest rules and
procedures under the New TCC.
Introduction
Turkey is not a party to any of the international conventions on
the arrest of ships and the existing domestic law before the
enactment of the New TCC did not have specific rules on this matter
and the arrest of a ship was in general terms no different than any
other conservatory measure or conservatory attachment of any other
assets of a debtor.
