NEWSLETTER-2017

58 NEWSLETTER 2017 Notifications to the Carrier The sender or the consignee must notify the carrier of any damage to or loss of the goods, at the latest, at the time of delivery, in case such damage or loss is apparent. The mature and extent of the damage must be expressly stated in notifications. If the sender or the consignee fails to notify the carrier, it shall be deemed that the goods are delivered duly in accordance with the contract of carriage. The same principle has been adopted for the damages or losses that are not apparent. In the event that any damage or loss cannot be determined at first sight, and is not notified to the carrier within seven days from the date of delivery, it shall be deemed as the goods are duly delivered. In case of late delivery, the consignee must notify the carrier within 21 days as of the date of delivery that the delivery period is ex- ceeded. In the failure of such notification within the above-mentioned period, the claims arising from the delay cease to exist. Rights of the Carrier If the sender does not complete loading within the loading time, or if it does not make the goods ready to load for the carrier within that time period, the carrier is further entitled to set an appropriate deadline for the sender to load the goods or make them available. If those obligations are not fulfilled by the sender by the deadline, the carrier shall have the right to terminate the contract. As the freight becomes payable only upon delivery of the goods, the TCC has provided a retention right to the carrier for claims founded on the contract of the carriage. As per Article 891 of the TCC, the car- rier is entitled to right of retention of the goods for all claims arising out of the contract. Such a right has not been granted to the carrier under the CMR. Conclusion Adopting the system of the CMR, the TCC has changed the old li- ability regime in terms of carriage of the goods by road. In this respect, many of the provisions stipulated in the TCC with regard to rights and liabilities of the carrier, as well as the sender, have been regulated