Abstract :
In general meaning, the clean bill of lading is a bill of lading that does not contain any reservation about apparent qualitative and quantitative condition of the goods. Liability of carrier for all damages because of the clean bill of lading has started, in practice, issuing an agreement, namely the letter of guarantee or indemnity that the shipper indemnifies the carrier for the damages. In the comparative laws and international convention, there are different solutions about legality of the letter of guarantee given for a clean bill of lading. In Turkey, because of the article 1064 (2) of former Turkish Commercial Code No. 6762 dated 1956, legality of the letter of guarantee had been disputed in both doctrine and court decisions. To solve the existing problems and to end open discussions, the issue is coded clearly in the article 1241 of the Turkish Commercial Code (TCC) No. 6102, which will take effect on 01 July 2012. Correct interpretation and application of TCC article 1241, which is new to Turkish maritime law, is very important to run maritime transport activities without problems and to reduce judicial burden. Therefore, in this study, relevant articles of the TCC are analyzed in details and the carrier’s liability in the clean bills of lading issued for a letter of guarantee is explained.
NaturalLanguageKeyword :
Clean Bill of Lading , Letter of Guarantee , Letter of Indemnity , The Liability of Carrier , Carriage Goods by Sea
