Responsibility of carriers for the loss and damage of the domestic road transportation of goods

The aim of the thesis is to examine the responsibility of carriers for the loss and damage of the domestic road transportation of goods. In the first part of the study, the historical background of the responsibility of the carrier is emphasized and the legal nature of the responsibility is examined. Furthermore, the conditions of responsibility of the carriers for the loss and damages of the domestic road transportation has been examined in separate chapters, and with regard to the importance, the duty of care has been discussed separately in terms of scope and duration. Also the different aspects of loss and damage have been explained. Afterwards, although the highest care is given by the bearer, the inevitable outcome and the other special circumstances are considered as the conditions which remove the liability by the The Turkish Commercial Code No. 6102 (TCC) and accordingly the provisions of the TCC regarding the limitation of the liability have been examined. Due to the fact that the majority of the transportation activities are today carried out by companies with large vehicle fleets, the liability of the acts of the auxilaries and the actual carriers who participated in the transportation activity have been examined. Then, the provisions of the Turkish Civil Procedural Code related to the lawsuits which is filed due to compensation of loss and damages, together with the burden of proof of the parties, the prescription and finally the principles for determining amount of the compensation have been examined. The Convention on the Agreement for the International Transhipment of Landfill (CMR) and the German Transport Reform Law which are considered as the origin of the Fourth Book titled "Transport Works" of the Turkish Commercial Code No. 6102 have been occasionally examined in this study. Moreover, the decisions of the Turkish Court of Cassation have been analised in order to emphasize the legal practice regarding the the carriers for the loss and damages of the domestic road transportation.