Exceptions to the carrier's liability arising from loss, damages and delay

International transport of goods by sea is without a doubt the oldest and long-established form of transportation. By the 19th century, the industry grew and the international carriage of goods rose which created the need for the unification of the rules worldwide. The Harter Act of 1893 in the United States of America was followed by three international conventions: The Hague Rules of 1924, The Hamburg Rules of 1978 and The Rotterdam Rules of 2009. The Hamburg and Rotterdam Rules were not widely accepted therefore The Hague Rules of 1924 are still the foundation of maritime law. The Hague Rules are the basis of Turkish Law. The main subjects of this thesis, the exceptions of the carrier's liability, have been integrated to Turkish Law system from the German Commercial Code, which is based on The Hague Rules. However, The Hamburg Rules were also used at the formation of the Turkish Commercial Code to replace old and out of touch principles of the Hague Rules. In the first part of the dissertation, the concept of carrier and the basic liabilities of the carrier are explained. The exceptions of the liability, which is the main subject of this dissertation, have been examined in detail in the second part. The carrier's partial liability and civil law liabilities are also explained to maintain the subject's integrity. Furthermore, the evitable clauses of the mandatory rules of liability of the carrier are addressed. Finally, the exception clauses of the carrier's liability that have been granted in the international conventions but have not been incorporated to the Turkish law system are explained with a comparative approach. Throughout the work, the subject has been examined comparatively with the international conventions and foreign law systems, notably British and American Law. The dissertation has been supported by both local and international verdicts in order to provide a better understanding to the practice of law.