Carrier's Rights in Maritime Law

Maritime law regulates not only the obligations and responsibilities of the carrier, but also its rights. Securing the carrier's rights is just as crucial for the sustainability of maritime transport as protecting passengers and cargo stakeholders. The Turkish Commercial Code (TTK), international conventions, and Supreme Court rulings have defined the carrier's rights in detail.

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The Concept and Importance of the Carrier

• Carrier: A person who undertakes to transport cargo or passengers.
• In maritime trade, the carrier occupies a central position, both economically and legally.
• Carrier rights are regulations that facilitate the fulfillment of obligations and maintain commercial balance.

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Legal Basis of Carrier's Rights

Turkish Commercial Code

• Turkish Commercial Code Article 1178 and subsequent articles: Rights of the carrier.
• Turkish Commercial Code Article 1248 and subsequent articles: Rights of the passenger carrier.

International Regulations

• The Hague-Visby Rules (1924/1968).
• Hamburg Rules (1978).
• Rotterdam Rules (2008).
• Athens Convention (1974/2002).

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Carrier's Main Rights

1. Right to Claim Freight Charges

• The carrier's most fundamental right is to demand the freight charge in return for the transportation service
• Freight is the consideration for a transportation contract.
• In freight contracts, the party responsible for the cargo is obligated to pay this fee, while in passenger contracts, the passenger or ticket holder is responsible.

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2. Right to Claim Compensation in Case of Delay or Breach of Contract

• The carrier may claim compensation if the cargo owner or passenger breaches the terms of the carriage contract.
• For example:
  • Failure to deliver the cargo on time,
  • The passenger cancels the trip,
  • Providing incorrect or incomplete information.

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3. Right to Imprisonment

• According to Article 1201 of the Turkish Commercial Code, the carrier has a lien on the cargo to secure unpaid freight and other receivables .
• This right protects the carrier's commercial security.

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4. Right to Claim Additional Costs

• If extraordinary costs arise during transport (e.g., port charges, demurrage costs), the carrier may claim these from the cargo owner or the passenger.

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5. Right to Limit Liability

• The carrier its liability on the basis of SDR (Special Drawing Rights) .
• This right aims to protect the carrier against the high risks of maritime transport.
• However, this right is forfeited in cases of intent or gross negligence.

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6. The Right to Choose, Which Has De Facto Implementation

• The carrier may transfer part or all of the carriage to another carrier.
• Therefore, they have the right to carry out the transportation through an actual transport agent.
• However, the original carrier's responsibility remains.

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7. Right to Terminate the Contract

• If the passenger or cargo party fails to fulfill their transportation obligations, the carrier may terminate the contract.
• For example, termination may occur if the consignee fails to deliver the cargo on time or fails to pay the freight.

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8. Right to Compensation for Damages

• If the carrier suffers damage due to the cargo owner's improper packaging, failure to declare hazardous materials, or a passenger's unlawful behavior on board, they may claim compensation.

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Rights of the Carrier in Supreme Court Decisions

The Court of Cassation has issued numerous decisions protecting the rights of the carrier:

• It has been confirmed that the carrier may exercise its right of lien if the consignee fails to pay the freight charges .
• The carrier's right to limit liability has been examined within the scope of the presumption of fault; it has been decided that the carrier can benefit from the limitation unless there is intent or gross negligence.
• The carrier has the right to terminate the contract and claim compensation if the passenger breaches the contract (e.g., fails to comply with ticketing rules).

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Insurance Relationship

Insurance is the most important mechanism for safeguarding the rights of the carrier:

• P&I Insurance: Covers passenger, cargo, and environmental damage.
• Comprehensive insurance: Covers damage to the ship itself.
• Liability Insurance: Protects the carrier against damage to passengers and cargo.

Insurance provides the carrier with financial security while exercising their rights.

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Examples in Practice

1. Freight Collection: The carrier's right to refuse delivery of cargo if the cargo holder fails to pay the freight charges.
2. Exercise of Lien Rights: Application of lien rights on containers held at the port.
3. Compensation for Damages: A carrier's claim for compensation against the shipper who failed to declare the flammable material.
4. Limitation of Liability: Application of the SDR limit in passenger injuries.

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Conclusion

Carrier rightsare one of the most important tools for maintaining commercial balance in maritime law.

• The carrier's most fundamental rights include the right to claim freight, the right of lien, the right to claim compensation, the right to limit liability, and the right to terminate the contract.
• The Turkish Commercial Code, international agreements, and Supreme Court rulings guarantee these rights.
• These rights ensure a fair balance is struck in fulfilling the carrier's obligations.

In conclusion, carrier rights in maritime trade are indispensable elements that ensure both the carrier's commercial security and the sustainability of transportation