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Carriage charge in transport of goods by road

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2017
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Advisor: Prof. Dr. Hayri Bozgeyik

Abstract (EN)

A carrier undertakes to the carriage of the goods for the carriage charge. The main purpose of the running transportation business is obtaining a charge. The carrier could achieve this objective in the case of the transportation business carried out completely and properly. However, the transportation business may, for various reasons, diverge from the situation envisaged by the parties or the law. In these cases, legal consequences are attributed to the carriage charges in the laws and regulations. This issue, which is so important for the carrier, is addressed in this study limited to the carriage by road. In the first section of our study are evaluated the concept of carriage charge, legal characteristic, source and scope. In the carriage by road are handled with pertinence of the concepts which are used instead of the concept of carriage charge. It is assessed whether the charges for the transportation business envisaged by the laws and regulations are in the scope of the carriage charge. Narrow sense of the carriage is the counterpart of the transportation work that the carrier did. Expenses, additional reasonable remuneration and demmurage are considered the wide sense of the carriage charge. The responsibility arising from carriage charges constitutes the second part of our study. The carriage charge in the cases there is only one carrier and the cases which there are more than one carrier is assessed. The fate of carriage charge is handled too in this study in the case of incurring a debt on the carriage charge, due debt, proper and improper fulfilment of the carriage charge. The claim of the carrier in the payment conditional on delivery transportations and the right to charge that envisaged in the laws and regulation is evaluated in the second section. In the third chapter are assessed the calculation, proving, prescription of carriage charge and issue of the competent court. The amount of carriage charge is often determined, but in some cases, it must be calculated and embodied. It is examined too in this study in the case of carriage charge be the subject of a lawsuit, where and in which court should the claimants sue. It is also discussed that how to prove the carriage charge in a law trial.

Author

Süleyman Kıran

How to Cite

Süleyman Kıran (Doctorate thesis). Carriage charge in transport of goods by road, 2017, Ankara Yıldırım Beyazıt University.

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