P&I kulüp sigortalarında doğrudan dava hakkı

Abstract

In the maritime trade, which comprises a significant part of the world trade volume, risks are known to be quite high. Therefore, it is highly significant for ship owners in particular and the relevant parties of the maritime trade to secure these risks through insurance. Maritime insurances are generally classified as hull and machinery insurance, cargo insurance and liability insurance. Protection and indemnity insurance is defined as a type of maritime insurance where the liability and costs of the ship owner to the third parties outside of the hull insurance coverage are insured on the basis of the requirements of mutual insurance. As it is known, the reduction in the assets of the policy owner due to losses inflicted on the third parties is secured in the liability insurance. The most important legal instrument for the injured party to obtain their compensation rights in a speedy and more effective manner is the right to file a case directly. The right to file a case directly is defined as a right for the third parties injured from the acts of the injured to directly resort to the insurer for a speedy and effective compensation. P&I insurance, highly significant for the maritime sector, has emerged in the United Kingdom and become within time an insurance that secured an important portion of the marine fleet all around the world with the impact of international conventions covering compulsory insurance practices. However, our Country has not achieved sufficient progress both in terms of the theory and practice of this type of insurance. With the recent establishment of a Turkish P&I company, it is aimed to increase our efficiency in the PI insurance market, yet the impact of the UK and Common Law in terms of such insurance, is one of reasons why such progress has not been made. In this thesis which looks into the implementation of filing a case directly into P&I insurance, this impact has been considered within the framework of enjoying the right to file a case directly. In this thesis, the impacts of P&I insurance, established by the British culture, on the third parties in certain countries adopting Civil Law including our Country and Common Law countries, who wish to compensate their losses by using the right to file a case directly, are examined. Furthermore, "Çepnioğlu" judgment of the British Court, which adopted the classical Common Law approach and "Assens Havn" judgment of the European Court of Justice, which adopted the classical Civil Law approach are analysed in this thesis.