Legal grounds for the exemption of carrier's liability under the TCC and the CMR convention

Road transport is one of the most widely used modes of carriage both nationally and internationally. With its expansion, legal disputes arising from contracts of carriage and the significance of the parties' liabilities have gained increasing importance. In the carriage of goods by road, carriers face the risk of strict liability due to their duty of care towards the goods; however, such liability is not absolute, and under certain conditions, carriers may be exonerated. This study examines the special grounds for exemption from carrier liability under the Turkish Commercial Code and the Convention on the Contract for the International Carriage of Goods by Road from a comparative perspective. The analysis addressed both theoretical frameworks and judicial practice. The first chapter provides the conceptual background, covering the natüre and conditions of carrier liability, as well as the roles auxiliary persons and actual carriers. The second chapter discusses general grounds for exemption and then focuses on special grounds, analyzing each in accordance with the legislative framework and relevant case law of the Turkish Court of Cassation. The final chapter addresses situations where the carrier cannot be exempted, emphasizing the scope of compensation, applicable limitations, and cases where limitations do not apply. Procedural aspects including jurisdiction, competence, procedural requirements, and arbitration are also examined to provide a comprehensive understanding of carrier liability in practice.