The lien rights of the carrier and the freight forwarder

In the carriage of goods by road the carrier and the freight forwarder are given the lien rights for all their receivables arising from the relevant contracts in a way to provide real security on the cargo subject to the carriage. In general terms, the lien rights of the carrier and the freight forwarder are regulated with references to the Turkish Civil Code provisions of 950-953. Whereas, the references cannot be applied directly to the lien rights of the carrier and the freight forwarder due to the unique characteristics of the transport law. This evaluation is especially true for the carrier in case of delivery request of goods cargo made by consignee is different from sender and for the freight forwarder because of the fact that there are different forms of performance of the freight forwarding contract. While the regulating the lien rights of the carrier and the freight forwarder, Law-maker has also issued provisions related with the lien rights of the carrier and the freight forwarder in the Turkish Commercial Code. While some of these provisions are important in the applications of the lien rights, some of them may lead to unnecessary duplication or misunderstanding in practice. When the provisions of the Turkish Commercial Code and the provisions of the German Commercial Code which is a source regulation can be seen significant differences. Keywords: Lien right, the carrier, the freight forwarder, carriage of goods by road contract, freight forwarding contract.