Akademik Veri Yönetim Sistemi
JOURNAL OF ISTANBUL UNIVERSITY LAW FACULTY-HUKUK FAKULTESI MECMUASI, cilt.73, sa.1, ss.389-419, 2015 (ESCI)
Sea carrier is liable for the fault and ommission arising from transportation undertaken by actual sea carrier who is frequently involved in transportation process. Because that there were no explicit articles placed in the 6762 numbered Turkish Commercial Code (TCC) related with actual sea carrier, sea carrier's liabilities arising from this person's acts used to be established according to the general articles of Law of Obligations (LO). One of the most important innovations of the 6102 numbered TCC is to place actual sea carrier concept in the systematics of the code. Hence, the liability of actual sea carrier is established with the sea carrier by referring the articles that regulate sea carrier's liability through explicit articles placed in 6102 numbered TCC. One step further to that, in the transportations where actual sea carrier is involved, sea carrier can also get benefit from the nonliability clause through the realization of conditions of 1192th article placed in 6102 numbered TCC, again without the requirement of referring to the general articles placed in LO. In the study carrier and sea carrier concepts and their liabilities are briefly examined and the legal status of actual sea carrier, against sea carrier is determined. Therefore, it is aimed to compare the brief articles placed in the newest code and the applications effected in the oldest code related with the liabilities of the sea carrier and nonliability clause that the sea carrier can get benefit, in the transportations that an actual sea carrier is involved.