Carriage by Different Types of Vehicles (Multimodal Transport) Under the Provisions of the Turkish Commercial Code
ISTANBUL HUKUK MECMUASI, cilt.84, sa.2, ss.680-701, 2026 (ESCI, TRDizin)
- Yayın Türü: Makale / Tam Makale
- Cilt numarası: 84 Sayı: 2
- Basım Tarihi: 2026
- Doi Numarası: 10.26650/mecmua.2026.84.2.00010
- Dergi Adı: ISTANBUL HUKUK MECMUASI
- Derginin Tarandığı İndeksler: Emerging Sources Citation Index (ESCI), TR DİZİN (ULAKBİM)
- Sayfa Sayıları: ss.680-701
- İstanbul Üniversitesi Adresli: Evet
Özet
When a dispute regarding multimodal transport involving a foreign element comes before a Turkish court, the applicable law is determined under Article 29 of the Act Nr 5718 on Private International Law and International Civil Procedure (PILICP). Pursuant to Art 29/1 of PILICP, such contracts are subject to the law chosen by the parties. In the absence of a choice, the law of the country where the carrier's main place of business is located shall apply, provided it is also the country of loading, discharge, or the sender's main place of business (Art 29/2 of the PILICP).However, if the specific circumstances indicate a closer connection to another law, that law shall prevail (Art 29/3 of the PILICP). Where Turkish law is applicable, the rules governing the multimodal transport contract are determined by Articles 902 etseq ofthe Turkish Commercial Code (TCC) Nr 6102 under the heading "Carriage by Different Types ofVehicles". If the conditions under Art 902 are met, the general provisions and the specific provisions on "Carriage of Goods" in the Fourth Book of the TCC shall apply to the multimodal transport. This study examines the requirements under Art 902 TCC for multimodal transport to fall under these provisions. An essential negative requirement is that there must be no contrary provisions in the subsequent articles of the TCC or in the international conventions applicable to the multimodal transport. Accordingly, the study analyzes the regulations in Art 903 et seq TCC and potential conflicting provisions in international conventions concerning unimodal transport. Finally, judicial decisions are examined to illustrate legal practice, including German court rulings as the source law.