Legal nature of container and container demurrage and detention charges

Container transportation, which was discovered towards the end of the 20th century, revolutionized world trade and allowed the world trade volume to increase without any distance, making the world smaller for big-scope traders, and enabling the flows to turn rapidly. In addition to these benefits, it has also brought some problems. Since its benefits are more important than the problems it brings with it, it has continued its development until today. In fact, international conventions on the problems brought by the container in the legal world have been organized consecutively, but the solution of one problem has necessitated the solution of other problems. In this manner, in the first part of the study, the discovery of the container, its benefits and the problems it brings will be explained, and then the solutions provided by international conventions will be examined. One of the problems in container transportation industry continues to exist in today's world. In the legal world, the need for creating a new regulation is a way to be applied only when the problems can't be solved in the light of existing regulations. In this respect, it is important to consider whether it is possible to classify and to apply the concept of container demurrage and detention charges within the scope of existing legal rules. In this manner, in the second part of the study, there will be detailed explanations for clarification on which institution in Turkish Law can be linked with the concept of container demurrage and detention charges. The fact that there is no distance in the world with container transportation has made it necessary to ensure uniformity at the international level rather than uniformity through a national or regional regulations. Therefore, in the third part of the study, by referring to the perspectives of today's legal systems in the literature and judicial decisions regarding the legal nature of the container demurrage and detention charges, and by referring to the differences between the perspectives, explanations will be made regarding the legal nature of the container demurrage and detention charges. In the last part of the study, explanations and evaluations will be given on whether the regulations on the container demurrage and detention charges a valid regulation thereunder Turkish Law is. Key Words: Container, Container Demurrage and Detention, Free Time, Demurrage, General of Procedure, Container Demurrage and Detention Charges