Liability of tha carrier for delay in delivery according to the convention on international carriage of goods by road (making comparative analyses with TTK and TTK draft)

Turkey, inter alia, is a party to CMR convention and the rules of CMRactually has been applied to conflicts regarding the international carriage ofgoods by road in Turkey since 04.11.1995.CMR is a very significiant convention in terms of standardizing thegoverning the rules in international carriage of goods by road particularly withrespect to the carrier?s liability. The liability of the carrier for delay in deliveryhas been provided in CMR, TTK and TTK draft besides to the liability of thecarrier for loss or/and damage of the goods during carriage.Delay in delivery shall be said to occur when the goods have not beendelivered within the agreed time limit or the actual duration of the carriagehaving regard to the circumstances of the case.On the other hand, carriage of goods within Turkey may be subject torules and provisions of Turkish Commercial Code which are different otherthan CMR used in international carriage especially in terms of carrier?sliabilities, such as the limitation of the carrier?s liability, status of limitation,status of notification in liability of the carrier for delay in delivery. It must beemphasised, however, that the draft of the Turkish Commercial Code has beendrawn up to remedy these differences likely the rules arranged in CMR,particularly to approximate the different rules in the transportation law.This paper will focus on the carrier?s liabilities arising from the delay indelivery of the goods in the light of CMR rules by making comparative analysesbetween the CMR rules and the relevant articles of the Turkish CommercialCode. Besides there will be references to the draft of Turkish Commercial Code.Key Words: 1) CMR, 2) Carrier, 3) Time Limit Of Carriage 4) Delay, 5) Liability