Author
Bolca, Tunca
Publication Date
2018-03
Subject
Exceptions of liability, Non-liability of the carrier
Type
Document
Language
English
Digital
Yes
Manuscript
No
Library
Özyeğin University
Record ID
80734cd2-15f5-4408-9137-8bab7f74f0f8
Library Location
Department of Private Law
Date
2018-03
Sample Text
The oldest and most established type of international goods transportation is undoubtedly the transportation of goods by sea. With the increase in transportation volume since the 19th century, international transportation increased and the need for the rules regarding the transportation of goods by sea to be subject to a uniform application arose. The Harter Law, adopted in the United States in 1893, was followed by three important international conventions: the Hague Rules of 1924, the Hamburg Rules of 1978, and the Rotterdam Rules of 2009. Since the Hamburg and Rotterdam rules are not sufficiently accepted, the Hague Rules of 1924 still form the basis of international maritime law. The rule system taken as basis in the application of Turkish Law is the Hague Rules. Although the cases in which the carrier is exempt from liability, which is the subject of our thesis, are taken from the German Commercial Code, which forms the basis of the Hague Rules; In areas where this rule system was far from old and modern principles, the more up-to-date Hamburg Rules were also used. In the first part of our study, the concept of carrier and the situations that give rise to the responsibility of the carrier are explained. The situations in which the carrier is relieved of liability, which is the main subject of the study, are examined in detail in the second chapter. In order to ensure the integrity of the subject, the partial liability of the carrier and liability for non-contractual claims are explained. Situations where the liability imposed on the carrier within the scope of the Turkish Commercial Code can be changed by contract are explained and finally, the non-liability schemes foreseen in international conventions but not included in the Turkish Commercial Code are discussed comparatively. Throughout the study, the subjects are discussed comparatively with international conventions and foreign legal systems, especially the British and American legal systems. In the content of the thesis, subject explanations are supported by both Turkish and foreign court decisions and it is aimed to concretize the subject in practice., International transport of goods by sea is without a doubt the oldest and long-established form of transportation. By the 19th century, the industry grew and the international carriage of goods rose which created the need for the unification of the rules worldwide. The Harter Act of 1893 in the United States of America was followed by three international conventions: The Hague Rules of 1924, The Hamburg Rules of 1978 and The Rotterdam Rules of 2009. The Hamburg and Rotterdam Rules were not widely accepted therefore The Hague Rules of 1924 are still the foundation of maritime law. The Hague Rules are the basis of Turkish Law. The main subjects of this thesis, the exceptions of the carrier's liability, have been integrated to Turkish Law system from the German Commercial Code, which is based on The Hague Rules. However, The Hamburg Rules were also used at the formation of the Turkish Commercial Code to replace old and out of touch principles of the Hague Rules. In the first part of the dissertation, the concept of the carrier and the basic liabilities of the carrier are explained. The exceptions of the liability, which is the main subject of this dissertation, have been examined in detail in the second part. The carrier's partial liability and civil law liabilities are also explained to maintain the subject's integrity. Furthermore, the evitable clauses of the mandatory rules of liability of the carrier are addressed. Finally, the exception clauses of the carrier's liability that have been granted in the international conventions but have not been incorporated to the Turkish law system are explained with a comparative approach. Throughout the work, the subject has been examined comparatively with the international conventions and foreign law systems, notably British and American Law. The dissertation has been supported by both local and international verdicts in order to provide a better understanding to the practice of law.
