NEWSLETTER-2019-metin

77 COMMERCIAL LAW Receipt of Cargo The B/L functions as a receipt of the cargo by the carrier. Once the B/L is issued by the carrier, it serves as a receipt that the goods have been received by the carrier as per the contract for carriage, and that the goods have been received in good condition. Document of Title As a transferable document, a B/L represents the document of title, meaning that whomever is the holder of the B/L, the consignee in general, holds title to the goods. In this respect, the holder of the B/L has the right to claim the goods from the carrier, and the carrier is obliged to deliver the goods to the holder of the B/L upon presentation of the same. The goods are delivered in return for the copy of the B/L that includes the annotation about delivery of the goods. Evidence of Contract of Carriage The B/L serves as evidence for the carriage contract containing the terms and condition under which the transportation of the goods will be carried out. The B/L also serves as proof of the carrier. As per Article 1238 of the Turkish Commercial Code (“TCC”), the person signing the B/L in his capacity as the carrier, or in whose name and on behalf of the bill of lading is signed, shall be deemed the carrier. Types of Contracts of Carriage Under Turkish law, two types of contracts of carriage are rec- ognized, under which the carrier, concerning the freight, undertakes to carry the goods, those being (i) voyage charter contracts and (ii) contracts in shipping liner trade. The Relation between Contract of Carriage and Bill of Lading As per Article 1237/1 of the TCC, the Bill of Lading governs the legal relation between the carrier and the holder of the Bill of Lading. This means that the third-party holder of the Bill of Lading is only bound by the content of the Bill of Lading, and the terms and condi-