Categories: General

Running Down Clause

When we examine article 1286 of the Turkish Commercial Code under the heading ”cracking”, entitled ”Application Area”, we see that the law regulates that the provisions of cracking will be applied in two cases.

Direct cracking (de facto cracking ) : according to the first paragraph of Article 1286 of the law, the collision of two or more ships qualifies as ”cracking”.
Indirect Cracking (by comparison, indirect cracking ) : in accordance with the second paragraph of Article 1286 of the law, the provisions on cracking will also apply if the ship damages another ship or people or items on board without cracking by performing or not performing a maneuver or failing to comply with the rules of navigation.

Aşıkoğlu Law Office

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