Liability of the carrier in international road transport acording to CMR provisions
2022
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Advisor: Dr. Öğr. Üyesi Yaşar Can Göksoy
Abstract (EN)
The subject of this thesis is the responsibility of the carrier according to the provisions of the "Convention on Contracts for the International Carriage of Goods by Road". The CMR is the main source of law to be applied in contracts made for international roads transportation. Prepared on 19 May 1956 in Geneva, Switzerland, this Convention entered into force on 2 July 1961. The number of countries that are party to this convention is 56 as of today, and the number of countries in this convention is increasing every year. The participation of the Republic of Turkey in the CMR was approved by Law No. 3939 dated 07 December 1993 and entered into force by being published in the Official Gazette with the number 22161 on 04.01.1995. Our country's belated participation in this convention is an important step in the field of transportation. Although different transportation methods are used in our country for the transportation of goods, road transportation has an important share like the other countries. For this reason, it is important for companies operating in the transportation sector in our country that uniform rules are settled from Europe in this field and Turkey's participation in this formation. The CMR contains regulations regarding the liability of the carrier for the loss, damage and late delivery of the goods to the buyer during transportation. It is not a regulation that covers all aspects of transportation. In this regard, in our study, firstly the concepts of transport law, then the rights and obligations of the parties in the transport contract are given in general; the main subject of our study, the responsibility of the carrier for loss, damage and late delivery, the consequences of this responsibility and how the damage will be compensated are examined in detail. The practical reflections of the CMR have been discussed together with the Supreme Court Jurisprudence, and solutions have been tried to be included in the missing issues. Keywords: CMR, International Carriage of Goods, Carrier's Liability, Loss, Damage, Late Delivery
Author
Dr. Ali Karakurt
Institution
How to Cite
Ali Karakurt (Master Thesis). Liability of the carrier in international road transport acording to CMR provisions, 2022, Dokuz Eylül University.
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