Liability Of Maritime Carriers Under The Turkish Commercial Code

According to the Article 1178 of the Turkish Commercial Code ("TCC"), a maritime carrier shall exercise utmost care which is expected from a prudent carrier while performing the contract of affreightment especially in loading, stowing, handling, carrying, keeping and discharging stages of the cargo which is being carried. One should note that such obligation of "care" is not limited to the operations stated in the article. The article listed the stages in an exemplary fashion.

According to the Article 1243 of the TCC, the provisions of Article 1178 are applied mandatorily. Consequently, parties cannot decide otherwise that would constitute a contradiction against it. Because of this, the clauses of a contract that removes the liability of the carrier that regulated Article 1178 of the TCC will be invalid.