NEWSLETTER-2017

55 COMMERCIAL LAW Carriage of Goods by Road under the Turkish Commercial Code* Att. Duygu Oner Introduction Turkey ratified the Convention on the Contract for International Carriage of Goods by Road (“CMR”) in accordance withAct No. 3939 dated 7 December 1993, and the CMR entered into force in Turkey on 31 October 1995. In accordance with Article 1 / 1 of the CMR, the car- riage of goods by road shall be subject to the CMR in cases when the place of taking over of the goods and the place designated for delivery, as specified in the contract, are situated in two different countries, of which at least one is a contracting country, irrespective of the places of residence and the nationalities of the parties. The CMR is practically applicable to every carriage that begins or ends in or passes through Turkey. Domestic carriages are governed by and are subject to the provi- sions of the Turkish Commercial Code 1 (“TCC”). On the other hand, the parties may specifically and contractually agree on the CMR’s terms for domestic carriages. This Newsletter examines the domestic carriage of goods by road under the TCC, comparing the relevant pro- visions with the CMR’s terms. Liability of the Carrier The liability of the carrier is regulated in the TCC with an ap- proach similar to that of the CMR, where the carrier is liable for all damage caused by loss of or damage to the goods that occurred within the time period between the receipt of the goods and their delivery, and also for damages caused by delay in delivery. As for loading and * Article of August 2017 1 Turkish Commercial Code No. 6012 was published in the Official Gazette dated February 14, 2011 and numbered 27846, and entered into force on July 1, 2012.