Transportation contracts are agreements made for the transportation of goods in international trade. These contracts are used to determine the risks and responsibilities that may arise during the transportation of goods. In other words, these contracts define the rights and obligations of the seller and buyer and regulate the details of how the transportation process will be carried out.
The carrier’s responsibility in transportation contracts concerns the safe transportation, delivery, and reaching of the goods to the recipient. This responsibility covers all stages related to the proper packaging, transportation, and delivery of the goods. The carrier must take all necessary precautions to deliver the goods on time and without damage.
In the field of land transportation, the carrier’s responsibility in transportation contracts is regulated by laws such as the Turkish Commercial Code (TTK) and the Turkish Code of Obligations (TBK).
Transportation contracts are regulated under articles 958-977 of the Turkish Code of Obligations (TBK). These articles govern the general provisions related to transportation contracts.
Turkish Code of Obligations
Article 958 defines transportation contracts. Accordingly, a transportation contract is an agreement in which one party agrees to carry goods to another place in return for payment by the other party.
Article 959 regulates the carrier’s obligations arising from the contract. These obligations include carrying the goods in accordance with the contract, preparing the necessary documents, ensuring the safety of the goods during transportation, and delivering the goods within the contract period.
Article 960 regulates the obligations of the owner of the goods arising from the contract. These obligations include delivering the goods to the carrier, preparing the necessary documents, and properly packaging and packing the goods during transportation.
Article 471 of the Turkish Code of Obligations addresses the carrier’s liability in more detail. According to this law, the carrier is responsible for damages resulting from mistakes or negligence during the receipt of the goods. Additionally, the carrier must pay compensation if the goods are not delivered on time or if the goods are lost.
Transportation contracts are regulated under Articles 772-781 of the Turkish Commercial Code (TTK). These articles set out the general provisions related to transportation contracts.
Turkish Commercial Code
Article 772 defines transportation contracts. According to this article, a transportation contract is an agreement where one party agrees to carry goods to another place in return for payment from the other party.
Article 773 regulates the carrier’s obligations. The carrier is responsible for transporting the goods in accordance with the contract, preparing the necessary documents, ensuring the safety of the goods during transport, and delivering the goods within the contract period.
Article 774 sets out the obligations of the owner of the goods. The owner must deliver the goods to the carrier, prepare the necessary documents, and ensure the goods are properly packaged and packed during transportation. Article 880 of the Turkish Commercial Code states that the carrier is liable for any damages that may occur during the delivery of the goods. This law regulates the carrier’s liability in the transportation contract, including compensation for damages occurring during the delivery of the goods.
ARTICLE 875 –
(1) The carrier is responsible for damages arising from the loss, damage, or delay in delivery of the goods during the period between taking possession of the goods for transportation and their delivery.
(2) If the damage is caused by an act of the sender or the recipient, or by a special defect in the goods, the extent to which these factors affect the occurrence of the damage and the determination of the compensation obligation shall be taken into account.
(3) In case of delay, even if no damage occurs, the transportation fee shall be reduced proportionally to the duration of the delay; unless the carrier proves that all due diligence was exercised.
First of all, we need to begin our article by examining the legal nature of the carriage contract. A carriage contract is a typical, reciprocal, and consensual agreement that imposes obligations on both parties. In this context, our key terms are “damage,” which refers to harm to the goods without their destruction, and “loss,” which means the goods have disappeared or are destroyed.
The carriage period refers to a contract that defines the transportation and responsibilities of the carrier and the sender during the transport of goods. According to the carriage period, the carrier’s responsibilities can generally be summarized as follows:
1-Delivery of the Goods: The carrier is obligated to deliver the goods to the specified address of the owner. The goods must be intact and undamaged at the time of delivery.
2-Protection of the Goods: The carrier is responsible for properly protecting the goods during transportation. They must take necessary measures to prevent damage or loss of the goods.
3-Carriage Period: The carrier is required to deliver ownership within the time specified in the carriage contract. The carrier usually bears the risk of delays, and except for force majeure, damages due to delays may be the carrier’s responsibility.
4-Damage and Loss: The carrier is responsible for any damage or loss occurring in warehouses during the transportation of the goods. The carrier’s liability varies depending on the amount and cause of the damage or loss.
5-Compensation for Damages Resulting from the Carrier’s Fault: If any damage or loss occurs due to the carrier’s fault, the carrier is obligated to compensate for these damages.
However, the carrier’s liability in transportation contracts can be limited by a special agreement made between the contracting parties. For example, situations such as the carrier insuring the cargo or the carrier not accepting liability to pay compensation beyond a certain amount can limit the carrier’s responsibility.
In international trade, transportation contracts address all the issues that may arise during the transport of goods across country borders. These issues include customs procedures, border crossings, port operations, and damage or loss during transportation.
In international trade, various transportation methods can be used for the shipment of goods. These methods include sea, road, air, and rail transport. Different transportation contracts exist for each mode of transport.
In international maritime and land trade, transportation contracts are used to ensure that the transport of goods is conducted safely, orderly, and efficiently. These contracts are official agreements that define the understanding between the buyer and seller and include the necessary conditions for the secure transportation and delivery of the goods.
Transportation Contracts for Land Transport:
Land transport contracts are agreements made for road transportation. These contracts define the rights and obligations of the carrier and the sender.
Land transport contracts are especially important in international trade for the transportation of goods. These contracts are used to minimize potential problems during transportation, ensure security between parties, and facilitate the transportation process.
Land transport contracts mostly determine the fee that the sender will pay to the carrier for transporting the goods. They also define the carrier’s liability and who is responsible for loss or damage to the goods. These contracts also cover loading and unloading operations, document preparation, customs procedures during transportation, and other related matters.
Land transport contracts are also important for resolving disputes that may arise between parties during transportation. Disputes specified in these contracts can be resolved through arbitration, mediation, or court proceedings, allowing for faster and more appropriate solutions rather than lengthy legal battles.
In conclusion, land transport contracts play a crucial role in goods transportation. They are used to minimize problems during the transport process, ensure security between parties, and facilitate trade transactions.
Land transport contracts are mostly regulated by an international agreement known as the “CMR” convention. This agreement defines the carrier’s responsibilities and requires the carrier to compensate the owner of the goods if the carrier is at fault.
Contracts of Carriage for Sea Transport:
Contracts of carriage in maritime trade are agreements that include provisions related to the transportation of goods. These contracts are used to determine the responsibilities, risks, and transportation fees during the process of transporting goods.
Maritime transport contracts are generally arranged separately for different modes of transportation such as container shipping, roll-on/roll-off (RoRo) shipping, cargo ship transport, and tanker transport. These contracts also specify the condition of the goods during transportation and the method of carriage.
Maritime transport contracts are mostly regulated by international agreements developed by the International Maritime Organization (IMO), such as the International Convention on the Carriage of Goods in International Trade (Hamburg Rules), the United Nations Convention on the Carriage of Goods by Sea (Rotterdam Rules), and the International Convention on the Carriage of Goods by Sea (London Convention or Hague Rules).
Among international transport contracts, the most common are the INCOTERMS rules prepared by the International Chamber of Commerce (ICC). These rules contain provisions regarding the mode of transport, the distribution of responsibilities, the method of delivery, and the timing of delivery.
INCOTERMS (International Commercial Terms) is a list of internationally accepted rules that define the obligations between the buyer and seller in commercial activities. Some relevant terms related to our text are as follows:
CFR (Cost and Freight): The sender (exporter) is responsible for arranging transportation of the goods by sea to the destination port and must provide the buyer with the necessary documents to receive the goods from the carrier.
Deniz taşımacılığı sözleşmeleri, taşıyıcının malın kaybı veya hasarından sorumlu olabileceği durumları da belirtir. Ayrıca, sözleşmelerde taşıma ücretleri, sigorta, malların yükleme ve boşaltma işlemleri, belgelerin düzenlenmesi ve diğer konular da belirtilir.
FCA (Free Carrier): The sender (exporter) delivers the goods to the carrier, thus fulfilling their part of the responsibility. Upon delivery, all responsibility and risk transfer to the buyer (importer). From this point onward, all costs related to the goods, including insurance, agency fees, and freight charges, become the buyer’s responsibility.
CPT (Carriage Paid To): The sender (exporter) organizes and pays for all necessary preparations such as loading and packaging, and the transportation from the current location to the buyer’s (importer’s) possession. Responsibility remains with the sender during this process.
EXW (Ex Works): The buyer picks up the goods from the seller’s premises using their own carrier, without any involvement from the seller in the transport process, and assumes full responsibility and all costs.
CIP (Carriage and Insurance Paid To): The sender (exporter) covers the cost of the goods as well as the insurance, freight, and loading expenses. In other words, the seller is primarily responsible for any damage during transportation.
CIF (Cost, Insurance, and Freight): The sender assumes costs for transportation, freight, packaging, customs duties, port charges, etc., up to the arrival port. Export procedures are handled by the sender (exporter). The difference from CIP is that CIF applies only to sea transportation.
In conclusion, carriage contracts in maritime trade are extremely important for reducing the risks that may arise during the transportation of goods, protecting the rights of the parties involved, and facilitating commercial transactions.
In the decision of the 11th Civil Chamber of the Supreme Court dated 16.03.2012, file no. E.1296/K.4055, it was stated: “It is understood from the report containing the signature of the defendant party’s official that one of the machines transported during delivery was damaged. The carrier is responsible for damages occurring during the period from the delivery of the goods to them until delivery at the destination. Although the court rejected the case on the grounds that it could not be proven that the damage occurred during transportation and that the defendant was not at fault, it must be accepted that the defendant RECEIVED THE GOODS WITHOUT DAMAGE since no objection was made regarding the machine with transparent packaging at the time of delivery. It should be noted that the contrary of this presumption must be proven by the defendant. The defendant failed to prove this issue in the case, and the fact that other machines were not damaged does not imply that the damaged machine was not damaged within the carrier’s scope of responsibility. Therefore, the court’s decision to reject the case with the written justification instead of ruling based on the acceptance that the damage occurred during transportation requires reversal.”
As seen in the Supreme Court decisions mentioned above, the carrier’s responsibility begins when receiving the goods from the sender and continues until the goods are delivered without damage or loss and within the agreed time.
In the decision of the General Assembly of the Supreme Court of Civil Law, numbered 2013/13-537 E. and 2013/716 K., the liability of the carrier in the event of loss or damage to goods under a maritime transport contract was addressed. The decision states that in cases where damage to the goods is established according to the provisions of the transport contract, the carrier may impose certain limitations depending on the extent of the damage; however, such limitations do not apply to damages resulting from the carrier’s fault or negligence. Additionally, it was ruled that the carrier is liable for the damages arising from the loss or damage of the goods. This ruling discusses the limits of the carrier’s liability in maritime transport contracts regarding loss or damage of goods and clarifies that this liability cannot be limited for damages caused by the carrier’s fault or negligence.
The decision related to the file numbered 2016/19373 Esas and 2017/6516 Karar of the 11th Civil Chamber of the Supreme Court can be reviewed. This decision addresses a dispute arising from damage to products sent by a cargo company. It states that the contract regulates the liability for damages and losses during transportation and that the provisions of the contract must be taken into account in resolving the dispute between the parties.
Footnote:
As can be seen, determining and compensating for damages that occur in maritime and land transportation is a process that must be conducted with great care. To avoid loss of rights and time, it is important to seek assistance from an expert lawyer in the field. Our law firm provides you with professional legal follow-up and consultancy services in the field of Commercial Law.
