DENİZYOLUYLA TAŞINAN EŞYALARIN GEÇ TESLİMİ HALİNDE YAPILMASI GEREKEN BİLDİRİME İLİŞKİN DEĞERLENDİRMELER

Abstract

In a contract of carriage of goods by sea, carrier is also liable to deliver the goods at the right time. Although Hague and Hague-Visby Rules have set forth liability of carrier because of loss and damage, neither Hague Rules nor Hague-Visby Rules include any provision about delay in delivery. Hamburg Rules is the first international document which has regulated the liability of carrier because of delay. On the other hand, in Turkish Commercial Code numbered 6102 (TCC), there is a provison about “liability of carrier related to delay of goods”, differently from old Turkish Commercial Code. In this context, TCC Art.1185/5 sets forth the general principles of notice of delay. However it is possible to say that this provision which constitutes the translation of Hamburg Rules Art.19/5, includes some legal gaps about the notice. In this study, some particular cases about the notice for delay has been evaluated in the frame of purpose TCC Art.1185/5 (and Hamburg Rules Art.19/5, which constitutes the source of TCC Art.1185/5) and general principles of Turkish Code of Obligations.

Keywords

• hamburg rules
• delay in delivery
• notice of delay
• liability of carrier for delay in delivery.