NEWSLETTER-2019-metin

72 NEWSLETTER 2019 ties usually implement the York Antwerp Rules by specifying the date (2014, 2016) instead of codes for the contract and bill of lading 1 . Implementation of York Antwerp Rules The provisions concerning general averages in Turkish Law are regulated between Articles 1272 and 1285 of the Turkish Commercial Code (“TCC”). Pursuant to Article 1273 of the TCC, “In the event that parties agree otherwise, general average pro rata is subject to the rule of the last version of the York Antwerp Rules prepared by International Marine Committee and translated into Turkish and published in ac - cordance with this Article.” In this respect, the legislator adopts the freedom of contract to decide which rules to be applied to general averages, and leaves the rules to be applied to the will of the parties. Therefore, the parties may decide which text of the York Antwerp Rules will be applied (1996, 2004, etc.) as they see fit. However, in cases where the parties do not make any agreement regarding this issue and Turkish Law is applied, Article 1273 of the TCC shall govern. In accordance with the relevant regulation, in the case of general averages, unless the parties agree otherwise, the most recent York Antwerp Rules, as published in the Official Gazette, shall apply. The legislator refrained from codifying the Rules, taking into consideration that the York Antwerp Rules have been renewed, peri- odically. Thus, the most recent Rules, which are accepted by the IMC regarding general averages, and entered into force through publica- tion in the Official Gazette, shall be applied without any necessity to change the TCC. General Averages Pursuant to York Antwerp Rules The conditions in which the general average emerges; in other words, the types of general averages, are regulated in the numbered rules of the York Antwerp Rules (Rule I - XXIII). The lettered rules indicated between A - G regulate the general principles of general av- 1 Kender / Çetingil / Yazıcıoğlu , “Deniz Ticaret Hukuku Temel Bilgiler Cilt 1”, XII Levha, 13. Edition, Istanbul, October, 2012, p. 239.