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- Title
"FİİLÎ TAŞIYANIN BİZZAT GERÇEKLEŞTİRDİĞİ TAŞIMA"NIN (TTK m. 1191 II) YORUMUNA DAİR SORUNLAR.
- Authors
TÜRKEL, Doğuş Taylan
- Abstract
The goal of this study is to analyze the meaning of the expression "the carriage performed by the actual carrier" in Article 1191 of the Turkish Commercial Code regarding the liability of the actual carrier. In this analysis, it will be explained how the control over the goods should be established to the carriage performed by the actual carrier. In the method of the study, the arguments obtained from the travaux preparatories of the Hamburg Rules, which constitute the source of Article 1191 of Turkish Commercial Code, the underlying purposes for the the actual carrier's liability as a legal concept, the views in comparative law and the Turkish literature were taken into consideration. Within this scope it has been accepted that taking charge of the goods by the actual carrier is not sufficient for the performance of carriage according to the Article 1191 II of the Turkish Commercial Code. The liability of the actual carrier depends on the physical (direct) possession over the goods by him.
- Subjects
LEGAL liability; LEGAL literature; TURKISH literature; PERSONAL property; ARGUMENT; COMPARATIVE law
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2022, Vol 38, Issue 1, p85
- ISSN
1300-1396
- Publication type
Article