Browsing by Author "Aras, Ecehan Yeşilova"

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Deniz yoluyla eşya taşıma hukukunda özen kavramı
(2017) Karapınar, Ece Nazlı; Aras, Ecehan Yeşilova
The carrier's obligation to show diligence, within the contracts for the carriage of goods by sea, has been regulated in Art. 1141 and 1178 of Turkish Commercial Code No. 6102. In our study, we examined the Turkish legislator's choice of wording and the terminology governing the aforementioned provisions. By this, we aimed to analyze the pertinency of the notions partaking in the regulations, to reveal the flaws for the wording preferred by the law-maker and to contribute to remedy this legal irregularity. Firstly, we addressed the understanding and basis of the concept of diligence in the context of Turkish Law of Obligations and explained the criteria set forth to determine it. In the second part of the study, the norm of diligence to determine the carrier's obligation with regards to seaworthiness was examined. Establishing that the Turkish legislators have taken the German Commercial Code and the Hague Rules as reference; the regulations in these sources, along with national and international court practices, have been analyzed to display the issue of equivalence between the concept of due diligence and the wording preffered in Art. 1141 of TCC. As to the third part, by scrutinizing the historical development for the concept of duty of care in the performance of the freight contract; evaluating the national and international outlook and regulations for this norm, the aptness of the wording of Art. 1178 of TCC was assessed.