Absolute irresponsibility of the carrier

Maritime transportation has been a longstanding and frequently preferred method of transport throughout history. With significant investments made in this field, maritime transportation has become one of the most commonly used methods of transport. However, in maritime transport, the responsibility of the carrier is substantial. In the 19th century, as the quantity and value of goods carried by sea increased, so did the risks threatening the cargo and the resulting damage caused. Carriers began to establish their own records of irresponsibility. International regulations have been established to define the limits of the carrier's liability and to strive for consistency by achieving balance between the carrier and the shipper. As maritime transportation is of international nature, we see the influence of international regulations on it reflected in the Turkish Commercial Code. In order to alleviate the carrier's liability, the legislator has regulated legal exemptions in light of international regulations. These regulations contribute to the balanced conduct of transportation operations by reducing the carrier's liability in certain circumstances. We will first examine the liability of the carrier regulated in the Turkish Commercial Code (TCC). Subsequently, the main subject of our study, the absolute exemption cases, will be analyzed through precedent decisions of the Court of Cassation, rulings of the English Court, and opinions in legal doctrine. Additionally, provisions in international agreements will be comparatively analyzed to elucidate the exemptions from liability of the carrier. Finally, considering the stages of evidence in judicial decisions and legal doctrine, an attempt will be made to explain the burden of proof in exemption cases and which defenses will be raised.