Question
Turkish citizens X and Y and English citizen Z decide to buy a ship (M/V Demir) from S on 1st of November 2016. Y puts
Turkish citizens X and Y and English citizen Z decide to buy a ship (M/V Demir) from S on 1st of November 2016. Y puts 30.000 TL. X puts 300.000 TL and Z puts 320.000 TL on the carriage of 100 containers of tomato from Izmir to Hamburg on 10th of November 2016 with the cargo owner X. During that carriage. M/V Demir has crashed to in order to register and operate the ship under the participated owner's entire name through a special commercial name. Upon that the participated owners have agreed M/V DUNYA on 16th of November 2016 and sank unrecoverably. 1. (1) Determine whether the ship M/V Demir is a "commercial" one. (2) When answering this question consider that: the ship is carrying one of the owners goods and the difference in between previous and new Turkish Commercial Code in terms of the definition of a commercial ship. (3) Why it is important to determine whether the ship is 2. (1) What is the missing information to determine whether this vessel "should" be registered to Turkish National Ship Registry? (2) Assume that the ship can be registered a commercial one or not? (4) Point the articles under the 5th book of TCC which have widespread area of application (30 points) to Turkish National Ship Registry and has mortgage right on her records: discuss whether the ship can be moved to Turkish International Ship Registry? (3) Finally, consider the last sentence of the case. Does this occurrence effect the legal nature and registration status of the ship? (4) State the reasons that require a ship to be cancelled from ship registries and consider she has mortgage records on her registry records. (40 points) 3. (1) Can this ship fly Turkish flag? Explain briefy. (2) Also state the other three possibilities under Turkish legislation for a ship to fly Turkish flag. (3) Define and state the conditions of getting benefit from the cabotage monopoly and evaluate your answer whether there is a cabotage monopoly right recognized under these legislations
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