Carrier's liability and limitation of liability in freight contracts

Freight contracts are of great importance in arranging transportation operations, determining how and under what conditions the transportation process will be carried out, how the carrier will transport the cargo, setting the timing and methods of loading and unloading operations, determining the duration of transportation, calculating the freight fee (navlun), ascertaining whether the ship is seaworthy, fit for the journey, and suitable for the cargo, and limiting the liabilities of the carrier. Freight contracts are consensual agreements in which one party undertakes to transport cargo by sea with a ship, and the other party agrees to pay a fee, namely freight, in return for this service. In this context, the agreements made between the carrier and the shipper aim to ensure the transportation process is carried out smoothly. The carrier's liability arising within the framework of the contract—in the event of loss, damage to the cargo during transportation, or delays due to various reasons—is regulated by the provisions of the Turkish Commercial Code No. 6102. In this thesis, the source, scope, and limits of the carrier's liability in the face of damages occurring to the cargo within the framework of freight contracts will be examined. This study aims to provide significant guidance for parties operating in the transportation sector and will also cover the regulation and limitation of the carrier's liability concerning freight contracts within the scope of Articles 1141 to 1178 of the Turkish Commercial Code. The main objective of the study is to present a comprehensive framework for understanding the carrier's liability by examining the existing legal regulations.