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On September 9, 2022, CEE Legal Matters reported that PeliPartners had advised WDP on the acquisition of the Arad Business Park logistics center. CEE In-House Matters spoke with Adrian Vitelaru, Chief Operating Officer at WDP Romania, to learn more about the acquisition.

Turkish Commercial Code No. 6102 [“TCC”] stipulates that the carrier shall be liable for the damages caused by the loss, damage or delay of delivery of commodity within the period from the takeover of commodity for carriage to delivery of it. The legal nature of the carrier's liability in this context is strict liability. This means that even if the carrier has no fault in incurrence of damages, they should still be liable. However, this liability is not absolute. As a matter of fact, the carrier can be released from liability on the grounds set out in the law or by proving that they have taken the greatest care.

The main obligation of the transport and logistics companies, i.e., carrier in contracts of carriage is to take the commodity from one place to another and deliver it to the consignee. The carrier is obliged to deliver the commodity in the form and condition in which it was received. Therefore, the carrier also undertakes the obligation to preserve the commodity under its control while performing the contract of carriage.

Nowadays, the importance of international transportation and logistics activities has increased since the commercial relations surpassed the national borders. The most common type of carriage of goods is undoubtedly the road transportation. As a matter of fact, 76.1% of goods are transported by road in Turkey, 69.5% in the USA and 45% in Europe. Taking this into account, to determine common standards between the states regarding the documents used in carriage of goods by road and the responsibility of the carrier, “Convention on The Contract For The International Carriage Of Goods By Road” (Convention Relative Au Contrat De Transport İnternational Per Marchandises Par Route) [“CMR”] was adopted by the United Nations Economic Commission for Europe (UNECE) in 1956, and was entered into force in 1961. The CMR, to which Turkey became a party with a reservation on Article 47 on October 31, 1995, has the force of law in the Turkish legal system.

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