NEWSLETTER-2020-metin

68 NEWSLETTER 2020 Freight Forwarder Contract under Turkish Law* Att. Duygu Öner Introduction Parallel to technological developments, the rapid development of production and trade life inevitably increased the need for transporta- tion activities and caused the emergence of new actors in this field. A freight forwarder is one of the indispensable actors of carriage that emerges within the framework of this need. The product being the subject of commercial activity also requires its displacement. In this respect, in addition to the actual displace- ment of the goods, it may be necessary to carry out operations related to carriage, such as storage under appropriate conditions, customs clearance, loading on to the transport vehicle, stowage, etc. Since the manufacturer / seller of the product subject to sale usually does not have the knowledge and experience in performing the said operations, it consults with parties who have expertise in this field in order to transport the product as soon as possible, with the least cost, and to perform other operations related to transportation. This person, whose expertise is consulted, is usually not the person who will undertake the carriage personally, but the freight forwarder who organizes the carriage and the processes related to carriage. Liabilities of the Freight Forwarder within the Framework of the Concept of Carriage The provisions regarding the freight forwarder are regulated be- tween Articles 917 and 930 of Turkish Commercial Code numbered 6102 (“TCC”). Pursuant to Article 917 of the TCC, under the freight forwarding contract, the forwarder undertakes to have goods carried at an agreed fee. The party on the other side of the contract, and referred to as the “consignor” in the TCC, is defined as the person who ap- * Article of September, 2020