The liability of the carrier arising from loss, damage and delay under the former and new Turkish Commercial Code and the provisions of CMR

In our study, the liability of the carrier arising from loss, damage and delay are comparatively examined under the Turkish Commercial Codes No. 6762 and 6102 and the provisions of CMR. For that purpose, in the first chapter; it is trying to explain that the basis of the operation by giving information regarding national and international legislation, determine the definition and requirements of road transportation agreements and the territorial application conditions of CMR. Thus, it is necessary to clarify that the application conditions of Turkish Commercial Code and CMR in order to determine applicable regulations for actual cases. In the second chapter; it is comparatively trying to explain that the conditions of the liability of carrier arising from loss, damage and delay under different subheadings. In the third chapter; the scope and the limits of the responsibility of compensation of the carrier arising from the loss, damage and delay and losing the right of bringing action and other legal claims towards carrier is examined. Lastly in the fourth chapter; it is examined the provisions that provide carrier to get rid of the liability arising from loss, damage and delay and restrictions about termination and commutation of liabilities to clarify the scope of this subject. As a result of these steps the liability of the carrier arising from loss, damage and delay are examined systematically and in the lights of both national and international doctrine and jurisdictional decisions. Keywords: Loss, Damage, Delay, Carrier, Transportation, Cmr, Transportation by Road, Liabilities of Carrier