NEWSLETTER-2020-metin

71 COMMERCIAL LAW Liability of Freight Forwarder The freight forwarder is liable for the damage or loss of the goods in its possession. In order for the forwarder to be held liable for these damages, the event that causes the damage must occur while the prop- erty is in the possession of the forwarder. Even if the damage occurs later, if the event that causes the damage occurred while the property was in the possession of the forwarder, the freight forwarder is, again, liable for the damages. 3 If damage or loss of the goods occurs while in possession of the carrier, the forwarder should not be held liable. The freight forwarder is liable for losses not arising from the loss and damage of the goods in its possession, only if it breaches one of its obligations pursuant to Article 918. If loss cannot be prevented despite the due attention of the prudent merchant, the freight forwarder is re- leased from liability. If loss is caused by an act of the consignor, or a special defect of goods, it is taken into consideration to what extent these facts are effective in the realization of the obligation of indem- nity and determination of its scope. Conclusion Since the freight forwarder, who organizes the carriage and the processes related to carriage, is a commercial actor frequently consult- ed in both the national and international transportation field, the rights and obligations of the parties with the freight forwarding contract are specifically regulated in the TCC. With the relevant provisions, the rights and obligations of the forwarder are regulated independently from the carrier, and the rules that must be applied to the relationship between the consignor and the forwarder have, thus, been clarified. 3 Akdeniz , p. 109.