Learn how foreign maritime liens may be recognized and enforced in Turkey through ship arrest, judicial sale, foreign judgment enforcement, priority proceedings, and maritime debt recovery.

A creditor holding a maritime lien created under foreign law may seek recovery when the relevant vessel enters Turkish waters, is arrested in Turkey, or becomes subject to judicial sale proceedings before Turkish authorities.

However, a maritime lien recognized in another jurisdiction is not necessarily accepted in Turkey with the same legal character, scope, duration, or priority. Turkish courts examine the underlying claim, the applicable international rules, the vessel’s flag, and mandatory Turkish enforcement provisions.

What Is a Maritime Lien?

A maritime lien is a privileged security right attached to a vessel by operation of law. Unlike a contractual ship mortgage, it may arise automatically without registration or possession.

The lien may follow the vessel despite:

• A change of ownership
• A contractual sale
• A change of operator
• A change of possession
• Registration of later mortgages

A maritime lien must be distinguished from a broader maritime claim. Every maritime lien generally supports a maritime claim, but not every maritime claim creates a privileged maritime lien.

2026 Legal Framework in Turkey

Recognition and enforcement may involve:

• Turkish Commercial Code No. 6102
• Enforcement and Bankruptcy Law
• Private International and Procedural Law No. 5718
• International Convention on Maritime Liens and Mortgages 1993
• International arbitration conventions
• Vessel registry and flag-state law
• Turkish procedural and public-policy rules

Turkey has ratified the 1993 International Convention on Maritime Liens and Mortgages, which entered into force internationally on 5 September 2004. The Convention seeks to harmonize the recognition, priority, and enforcement of maritime liens and registered ship mortgages.

Which Claims Create Maritime Liens Under Turkish Law?

Article 1320 of the Turkish Commercial Code grants maritime-lien status to a limited group of claims arising against the shipowner, demise charterer, manager, or operator.

These primarily include:

Crew Claims

Wages, other employment-related payments, repatriation expenses, and certain social-security contributions payable to the master and crew may create maritime liens.

Death and Personal Injury Claims

Claims arising from death or bodily injury directly connected with the operation of the vessel may enjoy lien status, subject to statutory exceptions.

Salvage Claims

Remuneration payable for salvage operations may create a maritime lien over the assisted vessel.

Port, Canal and Pilotage Charges

Certain public dues and charges relating to the vessel’s use of ports, canals, waterways, or pilotage services may qualify.

Tort Claims for Physical Damage

Claims arising from physical loss or damage caused by the operation of the vessel may receive maritime-lien protection, subject to the exclusions prescribed by law.

The statutory categories are limited. Ordinary bunker invoices, ship-repair debts, agency fees, charterparty claims, insurance premiums, and supply debts may constitute maritime claims without necessarily creating maritime liens.

Will Turkey Recognize a Maritime Lien Created Abroad?

Recognition is not automatic merely because the claim is described as a maritime lien under the law of another country.

A Turkish court may examine:

• Where and how the claim arose
• The vessel’s flag at the relevant time
• The law governing the underlying obligation
• Whether an international convention applies
• Whether Turkish law classifies the claim as a maritime lien
• Whether the lien has expired
• Whether recognition would violate Turkish public policy
• The rights of registered mortgagees and other creditors

The distinction is particularly important where foreign law grants maritime-lien status to bunker suppliers, repair yards, necessaries providers, or other creditors who would not receive equivalent priority under Turkish law.

Maritime Lien Versus Maritime Claim

Article 1352 of the Turkish Commercial Code contains a broad and exhaustive list of claims that may support the provisional arrest of a vessel.

This list includes claims arising from matters such as:

• Damage caused by vessel operation
• Death or personal injury
• Salvage
• Environmental damage
• Charterparties
• Carriage of goods or passengers
• Cargo loss or damage
• General average
• Towage and pilotage
• Goods and services supplied to a vessel
• Ship construction and repair
• Port charges
• Crew wages
• Insurance premiums
• Ownership disputes
• Ship mortgages

Therefore, a foreign creditor may be entitled to arrest a vessel in Turkey even where its claim does not receive maritime-lien priority. The right to arrest and the right to privileged payment are separate questions.

Arresting a Vessel in Turkey

A creditor claiming a foreign maritime lien may apply for provisional arrest when the vessel is within Turkish jurisdiction and the claim qualifies as a maritime claim.

The application should normally include:

• Contract or document establishing the claim
• Invoices and account statements
• Bills of lading or charterparties
• Crew employment records
• Salvage documents
• Survey and casualty reports
• Foreign registry records
• Evidence supporting the lien
• Proof that the debt is due
• Certified Turkish translations
• Apostille or legalization where required

The court does not usually conduct a full trial at the arrest stage. Nevertheless, the creditor must make the existence and maritime nature of the claim sufficiently credible.

Which Turkish Court Has Jurisdiction?

Jurisdiction depends on the vessel’s flag, registry, location, and procedural status.

The competent court may generally be determined by reference to:

• The port where the vessel is located
• The place where the vessel is anchored or moored
• The Turkish registry of the vessel
• The relevant enforcement office
• Whether the vessel is Turkish-flagged or foreign-flagged

Because vessels may depart quickly, the creditor should identify the competent court and prepare the arrest file before the ship arrives.

Security Required from Foreign Creditors

The court may require counter-security to cover losses that could arise from a wrongful arrest.

The amount and form of security may depend on:

• The value of the claim
• Strength of the evidence
• Creditor’s nationality or residence
• Applicable treaty provisions
• Possible reciprocity rules
• Risk of damage to the vessel owner

Cash deposits and bank guarantees are commonly considered. Foreign creditors should arrange security before applying, because delay may allow the vessel to sail.

Time Limits for Maritime Liens

Maritime liens are frequently subject to short extinguishing periods rather than ordinary limitation periods.

The applicable period may depend on:

• Nature of the lien
• Date the claim arose
• Completion of salvage
• Disembarkation of crew
• Occurrence of casualty or damage
• Commencement of enforcement
• Arrest and judicial sale proceedings

Negotiations, demand letters, or acknowledgments may not always preserve a maritime lien. Immediate legal analysis is therefore essential.

Priority Over Ship Mortgages

Maritime liens may rank ahead of registered ship mortgages, even where the mortgage was created and registered before the lien arose.

Priority may be affected by:

• Costs of arrest and judicial sale
• Expenses incurred for preservation of the vessel
• Crew wage liens
• Salvage liens
• Personal injury claims
• Tort claims
• Port-related charges
• Registered mortgage rank
• Date and nature of competing liens

Under Turkish law, maritime-lien claims provide a statutory security right, and the priority between different lien categories is governed by mandatory rules.

Does a Maritime Lien Survive the Sale of the Vessel?

A private contractual sale does not necessarily eliminate an existing maritime lien. The lien may continue to burden the vessel in the hands of the new owner.

A properly completed judicial sale may have a different effect. Depending on the applicable procedure and notice requirements, the vessel may be transferred free from previous mortgages and maritime liens, with creditors claiming against the sale proceeds instead.

Creditors must therefore participate in the enforcement file and submit their claims within the applicable deadlines.

Enforcement Through Judicial Sale

Once the creditor has obtained an enforceable title or completed the necessary proceedings, the vessel may be sold through compulsory enforcement.

The process may involve:

1. Provisional arrest of the vessel
2. Commencement of enforcement or merits proceedings
3. Determination of the debt
4. Conversion into final enforcement
5. Official valuation of the vessel
6. Announcement of the auction
7. Judicial or electronic sale
8. Preparation of the priority schedule
9. Distribution of sale proceeds

The maritime lien gives priority, but it does not guarantee full recovery where the vessel’s value is insufficient.

Enforcing a Foreign Maritime Judgment

A foreign judgment confirming the existence of a maritime lien or underlying debt is not normally enforceable directly in Turkey.

The creditor generally needs a Turkish enforcement decision under Law No. 5718. The application may require:

• Final and enforceable foreign judgment
• Certified copy of the judgment
• Proof of finality
• Apostille or consular legalization
• Certified Turkish translation
• Evidence of proper notice and representation
• Satisfaction of Turkish public-policy requirements

The Turkish court generally does not retry the merits, but it may examine statutory grounds for refusing enforcement.

Importantly, enforcement of the monetary judgment does not always mean that every foreign-law priority classification will be accepted automatically. The treatment of the vessel and distribution of Turkish sale proceeds may remain subject to mandatory Turkish rules.

Enforcing a Foreign Arbitration Award

Maritime disputes are frequently resolved through arbitration in London, Paris, Singapore, New York, or other maritime centres.

A foreign arbitral award may be enforced in Turkey under the New York Convention or Turkish private international law. Refusal is limited to grounds such as:

• Invalid arbitration agreement
• Lack of proper notice
• Inability to present the case
• Award exceeding the arbitration agreement
• Procedural irregularity
• Award not yet binding
• Non-arbitrability
• Conflict with Turkish public policy

A creditor may separately seek arrest of the vessel as security, provided the Turkish statutory requirements are satisfied.

Does a Foreign Lien Judgment Automatically Permit Ship Arrest?

Not always.

A foreign judgment may establish the debt, but the creditor must still demonstrate that:

• The claim qualifies as a maritime claim under Turkish law
• Turkish courts have arrest jurisdiction
• The vessel is legally arrestable
• Required security has been deposited
• The claim remains enforceable
• Ownership and personal-liability requirements are satisfied

Foreign judgment enforcement and vessel arrest should therefore be coordinated as separate but connected procedures.

Claims Against Sister Ships

In certain circumstances, a creditor may seek arrest of another vessel owned by the person liable for the maritime claim.

However, sister-ship arrest may not be available for every type of claim. The court will examine:

• Ownership at the time the claim arose
• Ownership at the time of arrest
• Identity of the personally liable debtor
• Whether the claim relates to ownership or possession
• Whether the target vessel is legally owned by the debtor

Common management, group affiliation, or similar branding is not necessarily sufficient to establish common ownership.

Effect of Insolvency Proceedings

If the shipowner enters insolvency, restructuring, or bankruptcy proceedings, enforcement may become more complex.

The creditor should determine:

• Whether Turkish insolvency proceedings are pending
• Whether a foreign insolvency decision has effect in Turkey
• Whether individual enforcement is stayed
• Whether the maritime lien may be asserted separately
• Whether the claim must be registered in an insolvency estate
• Whether the vessel has already been arrested by another creditor

A maritime lien may provide priority, but procedural deadlines must still be observed.

Practical Checklist for Foreign Maritime-Lien Creditors

Before taking action in Turkey, verify:

1. The precise legal basis of the underlying claim
2. Whether Turkish law recognizes maritime-lien status
3. Whether the claim qualifies as a maritime claim
4. The vessel’s current location and departure time
5. Registered ownership and beneficial ownership
6. Flag and registry history
7. Existing mortgages and arrests
8. Applicable extinguishing or limitation period
9. Evidence required for provisional arrest
10. Counter-security requirements
11. Need for foreign judgment or award enforcement
12. Priority against competing creditors
13. Judicial-sale status
14. Sanctions and insolvency risks

Frequently Asked Questions

1. Are foreign maritime liens automatically recognized in Turkey?

No. Turkish courts examine the claim, applicable law, international conventions, and mandatory Turkish rules before granting lien status or priority.

2. Can a claim be used to arrest a vessel without being a maritime lien?

Yes. A claim may qualify as a maritime claim under Article 1352 and support ship arrest without receiving maritime-lien priority.

3. Do bunker suppliers have a maritime lien in Turkey?

A bunker-supply debt may constitute a maritime claim, but it does not automatically receive maritime-lien status under Turkish law.

4. Can crew members enforce foreign wage liens in Turkey?

Yes, potentially. Crew wage claims are among the principal claims protected by maritime-lien rules, subject to evidence and applicable time limits.

5. Does a foreign maritime lien rank ahead of a Turkish ship mortgage?

Potentially, but priority depends on the nature of the claim, applicable convention, Turkish law, and competing enforcement expenses.

6. Can the vessel be arrested before recognition of a foreign judgment?

Potentially yes. Provisional arrest may be requested separately where the creditor proves a qualifying maritime claim and meets Turkish procedural requirements.

7. Does a private sale remove a maritime lien?

Usually not automatically. A maritime lien may follow the vessel into the hands of a private purchaser.

8. Does a judicial sale remove maritime liens?

A properly completed compulsory sale may extinguish previous liens and mortgages, transferring creditor claims to the sale proceeds, subject to procedural requirements.

9. How long does a maritime lien remain valid?

The period depends on the type of lien and applicable law. Many maritime liens are subject to short extinguishing periods, so rapid action is necessary.

10. What is the greatest enforcement risk?

The main risks are vessel departure, expiration of the lien, incorrect classification of the claim, hidden priority creditors, and insufficient judicial-sale proceeds.

Client-Focused Legal Support

Fırat Fesih Kaya Law Office assists foreign crew members, cargo interests, salvors, insurers, banks, shipyards, suppliers, charterers, and other maritime creditors with:

• Recognition of foreign maritime liens
• Vessel arrest applications
• Maritime debt enforcement
• Foreign judgment enforcement
• Arbitration-award enforcement
• Priority disputes
• Judicial ship sales
• Claims against sale proceeds

Phone: +90 312 434 22 22
Mobile: +90 532 769 22 22
Email: info@firatfesihkaya.av.tr
Website: firatfesihkaya.av.tr

Legal Disclaimer: This article provides general legal information and does not constitute legal advice. Recognition and enforcement depend on the nature of the claim, vessel flag, applicable law, international conventions, supporting documents, time limits, and competing creditors.