Liability of the carrier for delay within the framework of the Convention on the Contract for the International Carriage of Goods by Road (CMR) provisions

Convention on the Contract for the International Carriage of Goods by Road, contracted name of which is CMR, has been resulted from the exigency of binding provisions related to international carriage contracts to uniform rules. The convention, because it has become a national law regulation with Turkey?s having been a party in the date of 31.10.1995, bears importance for our country as well. Because, beginning from this date, provisions of CMR have been required to be applied principally as special regulation (lex specialis) in goods carriage by road both from Turkey to foreign countries and from abroad to Turkey. This means that Turkish Code of Commerce provisions will no longer be applied for international carriages by road in which Turkey is one of the countries being either the place of goods taken over or the place in which delivery is made.The liability of the carrier resulting from loss, damage and delay creates the backbone of CMR. According to the provisions of CMR, loss, damage and delay situations are founded on the same basis in terms of legal attribution, but as for coverage of compensation obligation, on different principles. Because CMR accepts that the costs coming directly to the goods themselves are recoverable. However the compensation resulted from delay aims to recover indirect costs the claimant suffers in terms of assets. Additionally, delay in delivery of goods is not adequate separately for the liability of the carrier for this reason to arise. In case of delay, the carrier will be liable, provided that the claimant proves any loss it suffered from this. As for the amount for which the carrier is liable due to delay, it has been limited with the freight.On the other hand, for the carrier to be liable for delay, a definite time limit of carriage is not absolutely required to be decided by the parties. Because, to perform the carriage within the time limit is as important as the delivery of goods, just as in the case of taking over and safely. For this reason, principally, attention will be paid whether there is a time limit decided by the parties; in the event that no time limit was decided, liability of the carrier will be discussed in the situation that carriage is not performed in a reasonable time limit expected from a diligent carrier.