TRANSPORT COMMITMENT IN CARRIAGE OF GOODS BY ROAD AND THE CONCEPT OF GOODS

Transport commitment is one of the fundamental elements of the contract of carriage. According to CMR Convention, the subject of the carriage is only goods. But according to Turkish Commercial Code, the subject of the carriage contract are both goods and passengers. From the moment the carrier receives the goods until the moment the goods are delivered, carrier owes maintenance and preservation of goods to the sender. The goods which are the subject of the carriage contract means the all chattel. But, furniture removal carriage, funeral consignments carriage and the carriage performed under the terms of any international postal convention, which are listed in article CMR Convention 1.4, are not within the scope of the CMR Convention