Delay liability of the carrier according to CMR

The purpose of this research is to examine the carrier's liability for delay according to CMR. The carrier's liability for delay is one of the fundamental issues for CMR. According to the CMR, the parties do not necessarily have to agree on the duration of the carriage so that the carrier can be held responsible in case of delay. As a matter of fact, it is important that the goods are delivered safely and as they were received by the carrier, as well as that they are delivered within the specified time. In this context, in order for liability arising from delay to be in question, first of all, the transportation must exceed the agreed period of the parties, and if there is no agreement over a period of time, the act of transportation must not be carried out within the reasonable time expected from a prudent carrier. The liability of the carrier arising from delay is regulated as a separate liability reason under the CMR from the liability arising from damage and loss. In this context, within the scope of CMR, direct damages to the goods can be compensated in case of loss and damage to the goods, while indirect material damages incurred by the right holder can be compensated in case of damage caused by delay. In addition to this situation, in order for the carrier's liability arising from delay to be valid, the right holder must prove that he is harmful due to this delay.