Defective Collision And Collision Without Fault
Collision Without Fault : Pursuant to Article 1287 of the Turkish Commercial Code, in cases where the collision occurs as a result of unforeseen circumstances or force majeure, or in cases where it is not understood why the collision occurred, the injured party shall be liable for the damages caused to the ships, persons and goods on board the ships as a result of the collision. However, in the second paragraph of the article, it is stipulated that in cases where the accident occurs while one or all of the ships are at anchor, the injured party shall be liable for the damages.
Defective Collision : These are the cases where the collision is caused by the fault of one, several or all of the ships. In this context, defective collision is divided into two according to the rate of fault.
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