Logistics and Transportation Law
Transportation law, or its full name Logistics and transportation law, deals with the voluntary transportation of cargo and/or passengers under agreed conditions and circumstances. Additionally, it involves determining whether safe transportation has occurred and, if not, the law must provide solutions. You can reach these solutions in the fastest and most reliable way with a lawyer specializing in logistics and transportation law.
Problems in Transportation Law
In resolving disputes arising from contracts made within the framework of transportation law, the issue of which country’s law will apply, especially in international transportation, constitutes a problem in itself.
It’s about how to protect the balance of interests between the carrier and the owners of the transported goods or the transported passenger. Indeed, various dangers are likely to occur during the transportation of cargo or passengers. The carrier may face high compensation claims from the owners of the goods or those responsible for the goods if the transported goods are damaged or delivered late during transportation. Transportation law determines how and to what extent these and similar balances of interests between the carrier and the cargo owner or passenger will be protected. In order to carry out all these processes in a healthy manner, obtaining legal support has become almost an absolute necessity. A transportation process started without legal support leads to high costs in the future. The preventive legal services provided by our law office to its clients in the field of logistics and transportation law are extremely important.
What is CMR?
It is a convention that determines the responsibilities of the carrier in international road transport. Turkey has been one of the countries party to the convention since 1993. It is a convention to be referred to in resolving disputes related to road transport between countries that are parties to the convention. The articles of the convention are in harmony with the relevant articles of our own laws, the Turkish Commercial Code.
When is CMR not Applied?
CMR provisions are not applied in funeral transports, international household and goods transports, and agreements made in accordance with international postal transport.
Although parties have the right to make changes to the CMR articles in their contract, there are also some mandatory provisions. In practice, it is possible to arrange the contract articles in your favor by getting legal support from our expert lawyers to prevent major commercial losses.
Lawsuits Arising from Logistics and Transportation Law
There are various types of disputes, such as claims for damage or loss occurring during transportation, financial compensation lawsuits due to situations like delay or non-delivery resulting from failure to meet the conditions specified in the transport contract, and the preparation of the transport contract. Lawsuits specific to Logistics and Transportation Law can be filed against the carrier, actual carrier, and those who issue CMR insurance.
