Research Information System
Thesis Type: Doctorate
Institution Of The Thesis: Istanbul Commerce University, Dış Ticaret Enstitüsü, Turkey
Approval Date: 2019
Thesis Language: Turkish
Student: GÖZDE VAROL
Co-Supervisor: ŞENSÖZ MALKOÇ EBRU, YILDIRIM FİGEN
Open Archive Collection: AVESIS Open Access Collection
Abstract:The provisions of the Turkish Commercial Code No. 6102 (TCC) and the CMR (Convention on the Contract for the International Carriage of Goods by Road) Convention were examined in a comparative manner in our study and the issues examined were tried to be concretized by judicial decisions. Application area or application conditions of 6102 numbered TCC and CMR are discussed. In our study, other international protocols, mainly related to transportation issues, were also partly examined. The main issue of our study will be the CMR Convention on the transportation of international goods by road and the articles between Number 850 and 894 regarding “Transportation Works” of the Turkish Commercial Code No. 6102. As the main starting point of our study, after the examination of the liability of the carrier due to loss and damage within the scope of TCC No. 6102 and CMR, the legal nature of loss and loss liability, loss and damage concept, other debts of the carrier, especially duty of care, and other situations in which the carrier can be considered responsible, the liability of the carrier due to the behaviors of the auxiliary carrier and the actual carrier are disclosed. Since the main liability of the carrier originates from the contract of carriage, determinations in terms of the legal nature of the carriage contract have been made. In addition, general and specific reasons for the relief of the carrier from liability, the effect of non-liability record on liability, the limit of liability (the implementation of the Special Drawing Right, the upper limit of the liability of the carrier and conditions for increasing the upper limit) and the loss of the right to limit the liability are also explained in detail. Determinations have been made, especially under the heading of loss of the right to limit liability, about the wilful misconduct of the carrier or the presence of a defect equivalent to wilful misconduct, reckless movement in Turkish law practice. In our study, the compensation amount and calculation in the compensation cases arising from the liability of the carrier, the parties to the case, proof and time-out were taken into consideration.