The liability for loss or damage arising out of carriage of goods by container by road: Under Turkish law and international conventions

CMR Convention and the relevant sections of TTK (Turkish Commercial Code) which regulate carriage of goods by road do not include explicit provisions governing carriage of goods by a container. However, as it is widely known, containers are used in most of carriages. This thesis is on "The Liability For Loss or Damage Arising Out Of Carriage of Goods by Container By Road (Under Turkish Law and International Conventions)" and by taking the above mentioned deficiency in the national and international legal framework into account, we aim to analyze the subject and determine the rules applicable to the carrier's liability arising from the loss of and damage to goods. This study is comprised of an introduction, a conclusion and three chapters. The introduction part sets forth the subject, scope and plan of the thesis and deals with terminology. In the first chapter; a container and carriage by a container are defined in general. In the second chapter, the conditions of carrier's liability for loss or damage, its legal nature and the grounds for exoneration of carrier's liability are discussed. In the third section, the scope of loss and damage and the reimbursement of carrier are considered in the light of the carrier's limited liability. The issue of whether provisions which limit carrier's liability can be applied to evaluation of the loss and damage suffered by the container is discussed. At the end of the third chapter, carrier's wilful misconduct and such equivalent default are compared to the notion of fault under Turkish Law comprehensively. The study concludes with the results which have been reached at the end of the thesis and provides suggestions based on these results.