Non liability of the carrier of loss of or damage to the goods under the CMR convention

Due to the globalizing commercial life, the cross-country accessibility of the goods produced is vital. There are many methods of international transport; international transport can be done via road, sea, railway, airway, inland waterway and pipe, and one or more of them can be used together. However, while providing transportation, road transport remains the most important method today. Because road transport is cheaper than other transport methods and is more effective especially at close distances. As a rule, the responsibility of the carrier in the transport of goods by road, if the transport is carried out within the borders of the Republic of Turkey, is subject to the Turkish Commercial Code No. 6102; If it is done internationally, it will be determined according to the CMR Convention, which was approved by the Law No. 3939 dated 07.12.1993 and entered into force by being published in the Official Gazette with the number 22161 on 04.01.1995. In both the Turkish Commercial Code and the CMR Convention, the types of liability that the contracting carrier may encounter are liability due to loss, damage and delay, and liability arising from the acts and omissions of the actual carrier and auxiliary persons during their duties. In Turkish law and in the Convention in terms of international legislation, besides the carrier's responsibility, the reasons for avoiding liability are also stipulated. The main focus of our study is the cases where the carrier cannot be held responsible for the damage and loss of the goods in the context of the CMR Convention; In this respect, in our thesis, first of all, general information about the CMR Convention and the concept of responsibility will be given, then the cases where the carrier is not held responsible will be examined in detail, and finally, a detailed evaluation will be made on the cases where the carrier cannot be held responsible, especially in cases of damage and loss, which is the subject of the thesis. During our review, some books, scientific studies and Supreme Court decisions related to our subject will be mentioned by making references.