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- Title
TTK M. 1188/1'DE DÜZENLENEN SÜRENİN NİTELİĞİ VE KORUNMASI.
- Authors
ŞAMLI, Kübra YETİŞ
- Abstract
The carrier is liable for loss resulting from loss of or damage to the goods, as well as from delay in delivery, if the occurance which caused the loss, damage or delay in delivery took place while the goods were in his charge, unless he proves that the damage was not resulted from its fault or that of its servants or agents or that the existence of one of the liability exemptions. The carrier shall be discharged from all liability in respect of loss of or damage to the goods, as well as from delay in delivery, unless a legal action is instituted within one year of their delivery or of the date when they should have been delivered. In the study, first of all the origin of the Art. 1188 TCC (Turkish Commercial Code) is examined. Then the legal nature of the one-year period is emphasized. When considering the preservation of the time limit, it is examined whether the general rules of Code of Obligations regarding interruption or suspension of prescription periods are applicable or not. The effects of the time limits relating to the enforcement proceedings are also analyzed. Finally, the scope of the term "legal action" examined.
- Publication
Banking & Commercial Law Journal / Banka ve Ticaret Hukuk Dergisi, 2024, Vol 39, Issue 4, p945
- ISSN
1300-1396
- Publication type
Article