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Mustafa GEZER
0507 950 42 01
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Denizde Bulunan Mal Kimin?
Nedense denizde bulduğun mal senin olur diyebiliriz.Acaba bu bilgi doğrumu?Örneğin; açık denizde önünüze üzerinde motoru ile şişme bot çıkarsa sahip olabilirmisiniz?Malın sahibi olmak bir yana şartları düzgün bir şekilde yerine getirmediğiniz takdirde başınızın derde bile girmesi söz konusu…
İnsanların kafasında nedense hep denizde bulunan malın kendilerine ait olduğu düşüncesi vardır.Oysa denizde sahip olabileceğiniz tek şey (oda eğer yakalayabilirseniz) tuttuğunuz balıktır.
Deniz hukukunda sahipsiz mal diye bir kavram kullanılmamaktadır.Terim daha çok terkedilmiş gemi olarak geçmekte ve daha çok ticari tekneler için kullanılmaktadır.
Mevzuatımıza göre 18 gros tonilato ve daha büyük ticari gemiler sicile kayıt olmak zorundadırlar.Dolayısıyla bu gemiler herhangi bir nedenle (fırtına,karaya oturma vs.) terk edilse dahi sahipli sayılırlar ve bunları bulanlar sahibi olmazlar.Ancak gemi değerini geçmemek üzere münasip bir kurtarma yardım ücretine hak kazanırlar.Denizde bulunan 18 gros tonilatodan küçük ve sicile kayıt olmayan teknelerin durumu ise biraz daha değişiktir.Deniz ticaret kanunumuzda sicile kayıtlı olmayan bu nedenlede bulunduğunda sahibi belli olmayan teknelerle ilgili olarak bir açıklık yoktur.Ancak medeni kanunumuzun Lükata (sahibi belirsiz sokakta bulunan şey) başlıklı 693. maddesinin kıyasen uygulanması gerekir.Bu madde aynen "kaybolan bir malı bulan kimse sahibine haber vermeye mecburdur.Sahibini bilmiyorsa zabıta memurlarından birine haber vermeye veya keyfiyeti münasip bir surette ilan etmeye mecburdur."
695. madde ise "İlandan veya zabıta memuruna ihbardan itibaren beş sene içinde sahibi çıkmadığı takdirde lükatayı bulan kimse vazifesini yapmış ise ona malik olur.Lükata sahibine iade olundukta bulan kimse bütün masrafını almakla beraber münasip bir ikramiyeye müstahak olur." demektedir.
Bulunan şey gereken özenle muhafaza edilmelidir.Medeni kanunumuz koruma önlemlerininde masraflı olacağını dikkate alarak sahipsiz malın ihale ilede satılabileceğini öngörmüştür.Bu takdirde bedel lükatanın yerini almaktadır.
Demekki denizde bulduğumuz sahipsiz mal için öncelikle yapmamız gerekenler gerekli koruma önlemlerini aldıktan sonra Sahil Güvenlik görevlilerine haber vermek daha sonrada ilan vererek sahibini bulmaya çalışmaktır…
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