Insurance contract and burden of proof in transportation of goods by road

Today, road transport of goods is an activity that is further developing and carrying an international character. The international character of this type of goods transportation emanates from crossing borders; carrying the goods from one country to another. The laws applicable to the transportation contract, to jurisdiction of dispute cases of this type of transportation show variation. Considering this characteristic of transportation contract the legislation regarding the International Private Law and Procedural Law specifies the law applicable in these cases.In road transportation, the transportation contract and insurance contract which provides coverage for the damages that may result from the transportation contract should be evaluated together. The carrier and the sender/receiver who sign the transportation contract, also insure the goods against damages that may result during the transportation. Similarly the carrier can also have liability insurance coverage for any indemnity it may have to pay for its responsibility emanating from CMR or Turkish Commerce Law.From the viewpoint of insurance contracts for goods transportation, the insurance policy is an important evidence. Foreign law systems consider the insurance policies merely evidentiary whereas, although there is no open decree in Turkish Commerce Law with regards to its legal character, one can deduct from decree no. 1265 that insurance policies are regarded as valuable, negotiable instrument. Also there are some arrangements regarding the burden of proof in insurance policies in the Turkish Commerce Law bill in the parliament.Different procedural clause can take place in the transportation and consequent insurance policies contracts. The said contracts can contain proof related clauses (proof contracts) as well as clauses deciding to solve the disputes arising between parties by arbitration. With regards to insurance contracts, the Insurance Arbitration Commission can be authorized in order to solve the disputes.After paying the insurance indemnity to the insured the insurer becomes the successor of the insurance contract of which the insured is a party. Thereby the insurer acquires all the rights and liabilities of the insured emanating from the transportation contract. In this respect the road transportation contracts must also be evaluated with regards to the insurer.