Contracts regarding carriage of goods by sea with a vessel or a ship appropriate for the necessit... more Contracts regarding carriage of goods by sea with a vessel or a ship appropriate for the necessities of the stipulated voyage is deemed contracts of affreightment. Originally, since the Turkish Commercial Code is taken from the German Commercial Code, the differences between the Anglo-Saxon form of legal perception and the continental form of legal perception adopted by both Germany and Turkey is overwhelmingly undeniable. It is irrefutable, however that the bills of lading which are usually stipulated with the prefabricated forms by international organizations from BIMCO to GENCON contain almost identical ordinances and understanding their legal denotations would require a common comprehension that leaves only few margins for discretion. Be it through the liabilities of the parties or the basic grasp of the determination of the terms, this analysis aims to provide that necessary comprehension by comparison of English precedents and doctrine along with the current Turkish Commercial Code and scholar views.
Contracts regarding carriage of goods by sea with a vessel or a ship appropriate for the necessit... more Contracts regarding carriage of goods by sea with a vessel or a ship appropriate for the necessities of the stipulated voyage is deemed contracts of affreightment. Originally, since the Turkish Commercial Code is taken from the German Commercial Code, the differences between the Anglo-Saxon form of legal perception and the continental form of legal perception adopted by both Germany and Turkey is overwhelmingly undeniable. It is irrefutable, however that the bills of lading which are usually stipulated with the prefabricated forms by international organizations from BIMCO to GENCON contain almost identical ordinances and understanding their legal denotations would require a common comprehension that leaves only few margins for discretion. Be it through the liabilities of the parties or the basic grasp of the determination of the terms, this analysis aims to provide that necessary comprehension by comparison of English precedents and doctrine along with the current Turkish Commercial Code and scholar views.
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