ERDEM-NEWSLETTER-2018-metin

66 NEWSLETTER 2018 m) Construction, reconstruction, repair, converting or equipping of the ship. n) Quarantine fees, port, canal, dock, harbor, and other waterway dues and charges. o) Crew wages and other sums due to the master, officers and other members of the ship’s complement in respect of their employ- ment on the ship, including costs of repatriation and social insurance contributions payable on their behalf. p) Disbursements incurred on behalf of the ship or its owners, including loans obtained with respect to the ship. r) Insurance premiums with respect to the ship, payable by, or on behalf of, the shipowner or demise charterer. s) Any commissions, brokerages or agency fees payable with re- spect to the ship by, or on behalf of, the shipowner or demise charterer. t) Any dispute as to ownership or possession of the ship. u) Any dispute between the co-owners of the ship as to the em- ployment or earnings of the ship. v) A mortgage or a “hypothèque”, or a charge of the same nature on the ship. y) Any dispute arising out of a contract for the sale of the ship. In principle, arrest orders are given for claims fallen due. The Claimant is required to prove, prima facie, the existence of a maritime claim under Article 1352 of the TCC, and the amount of the claim. On the other hand, in accordance with Article 257 of EBC, the TCC provides for ship arrest for claims not yet fallen due, if the debtor has resorted to fraudulent transactions to relieve him/herself from his/her obligations, or if the debtor is planning to disappear, or has disap- peared. Jurisdiction for the Arrest With regards to jurisdiction, the TCC adopts the principle of lex fori and, therefore, all matters relating to the procedure of enforcement are subject to the law of the State where the enforcement takes place.