NEWSLETTER-2020-metin

70 NEWSLETTER 2020 case, in addition to the fee to be requested for its activity, the forwarder may demand its ordinary carriage fee. In a similar way, if an amount, including the transport expenses, is determined as a lump sum, the freight forwarder acquires the rights and obligations of the carrier concerning carriage. The fee may be separately determined with respect to the forwarding, or it may be decided as a lump sum price that includes the carriage fee. Forwarder’s Right to Lien Pursuant toArticle 923 of the TCC, the freight forwarder has right to place a lien on the goods for all kinds of receivables arising from the freight forwarding contract. The right to place a lien may be defined as a right in rem , which gives the creditor the right to refrain from return- ing a property belonging to the debtor, and to convert the receivable into monies for collection, in the presence of certain conditions. Debts of the Consignor under the Freight Forwarding Contract Under the freight forwarding contract, the main debt of the consignor is to pay the agreed upon fee in the contract. The freight forwarder is also entitled to charge the expenses. The expenses arise as a result of the activities carried out by the freight forwarder for the carriage of goods specified in the freight forwarding contract, and also covers additional charges, such as carriage, warehouse and clearance of goods, as well as insurance expenses. 1 As well, the consignor is obliged to perform packaging, mark the goods, provide the required documents, and give the required information to the freight forwarder for the forwarder to fulfill its performances, if required. Another obli- gation of the consignor is to compensate the freight forwarder for any damages due to non-performance of the contract 2 . 1 Akdeniz, Umut : Taşıma İşleri Komisyonculuğu Sözleşmesi, Adalet Yayınevi, Ankara 2013, 1st ed., p. 93. 2 Akdeniz , p. 100.