For Turkish transport companies, exporters, importers and manufacturers, an international road-transport dispute cannot always be analysed only under the Turkish Commercial Code.
Depending on the route and the nature of the carriage, the Convention on the Contract for the International Carriage of Goods by Road (CMR) may apply directly.
The Convention contains its own rules on carrier liability, compensation limits, burden of proof, notices and limitation periods.
When does the CMR Convention apply?
The CMR generally applies to a contract for the carriage of goods by road for reward where:
- the place at which the goods are taken over, and
- the place designated for delivery
are located in two different countries, and at least one of those countries is a contracting state.
Türkiye is a party to the CMR.
A typical commercial road shipment from Türkiye to Germany, France, Sweden or another CMR contracting state will therefore ordinarily fall within the Convention where the remaining conditions are satisfied.
The nationality or residence of the contracting parties is not what determines application of the Convention.
The actual transport arrangement matters.
From what point is the carrier responsible?
Under Article 17(1), the carrier is generally responsible for:
- total loss,
- partial loss,
- damage, and
- delay in delivery
occurring between the time the carrier takes over the goods and the time the goods are delivered.
This means that one of the first factual questions in a cargo dispute is when the damage occurred.
If the goods were already spoiled or damaged before the carrier took possession, the requirements for liability under Article 17 may not be satisfied.
This issue appeared, for example, in the Court of Cassation 11th Civil Chamber decision E.2023/6073, K.2024/7177, where the timing and origin of damage to the cargo were material to the carrier-liability analysis.
Is the carrier responsible for every loss or delay?
No.
Article 17(2) provides circumstances in which the carrier may be relieved of liability.
Depending on the case, these may include situations where the loss, damage or delay resulted from:
- the claimant’s wrongful act or neglect;
- instructions given by the claimant for which the carrier was not responsible;
- an inherent defect in the goods; or
- circumstances which the carrier could not avoid and the consequences of which it could not prevent.
The existence of one of these circumstances should not simply be assumed because the carrier says that the delay or damage was outside its control.
Who bears the burden of proof?
The CMR contains specific rules on proof.
Once the relevant loss, damage or delay during the carrier’s period of responsibility has been established, the carrier may need to prove the facts on which it relies to invoke an exemption from liability.
Articles 17 and 18 must therefore be read together.
For example, where a carrier argues that a customs delay resulted from documents that the sender failed to provide correctly, the factual origin of the delay and the parties’ respective documentary obligations become important.
The transport file may need to show exactly:
- which document was missing;
- who was required to provide it;
- when it was requested;
- when it was supplied; and
- whether that problem actually caused the delay.
What documents matter in a CMR dispute?
The CMR consignment note is important, but it is rarely the only relevant document.
A complete file may include:
- transport orders;
- framework transport agreements;
- the CMR consignment note;
- invoices;
- loading records;
- delivery receipts;
- customs documents;
- customs correspondence;
- survey and damage reports;
- photographs and videos;
- temperature records where relevant;
- GPS and vehicle-location records;
- driver communications;
- emails;
- WhatsApp or other business correspondence; and
- records concerning subcontracted or successive carriers.
The chronology created by these documents can be decisive.
Is compensation for cargo loss unlimited?
Normally, no.
Under the CMR system as amended by the 1978 Protocol, compensation for total or partial loss is generally subject to a limit of 8.33 Special Drawing Rights (SDR) per kilogram of gross weight short.
The SDR is an international unit of account used by the International Monetary Fund. It is therefore not a fixed amount in Turkish lira or euros.
The conversion has to be made in accordance with the applicable rules at the relevant time.
The Court of Cassation General Assembly of Civil Chambers discussed the 8.33 SDR limitation in E.2023/502, K.2025/320 dated 14 May 2025.
Can the liability limit be increased?
The CMR contains mechanisms under which the ordinary compensation framework may be affected.
For example, the sender may in appropriate circumstances make a declaration concerning a higher value of the goods or a special interest in delivery in accordance with the Convention.
The transport documents and agreed charges therefore need to be examined before concluding that the ordinary limit necessarily determines the maximum recovery.
What happens when the goods are delivered late?
Delay is treated separately from cargo loss.
Under the CMR, delay may exist where:
- the goods are not delivered within the expressly agreed time, or
- where no specific delivery time was agreed, the actual duration exceeds the time that a diligent carrier would reasonably require in the circumstances.
A late delivery does not, by itself, automatically establish the amount of compensation.
The claimant must also prove that financial loss resulted from the delay.
How much can be claimed for delay?
Under Article 23(5), where the claimant proves that damage resulted from delay, the carrier’s compensation for delay is generally limited to the amount of the carriage charges.
For example, a commercial contract between the sender and its customer may contain substantial late-delivery penalties.
That does not automatically mean the carrier must pay the entire contractual penalty.
The CMR liability regime must first be applied.
What if the carrier acted intentionally or with equivalent serious misconduct?
Article 29 can fundamentally change the analysis.
Where the damage is caused by the carrier’s wilful misconduct, or by conduct treated as equivalent to wilful misconduct under the law of the court hearing the case, the carrier may lose the benefit of the Convention’s liability exclusions and limitations.
This can transform the financial exposure in a transport dispute.
The issue cannot be resolved simply by describing conduct as “gross negligence.” The relevant legal standard and the underlying facts must be established.
In Court of Cassation 11th Civil Chamber E.2024/5507, K.2025/4992, issues surrounding deliberate delay by a subcontracted carrier, Article 23(5) and Article 29 formed part of the dispute.
What should be done when cargo is damaged?
The condition of the cargo should be documented immediately.
Depending on the circumstances, useful steps may include:
- recording reservations on delivery documents;
- taking dated photographs and videos;
- obtaining a survey or expert report;
- preserving packaging;
- recording seal numbers;
- documenting temperatures or other relevant conditions;
- notifying the carrier in writing; and
- preserving all CMR copies and correspondence.
Repairing, disposing of or repackaging damaged goods before their condition has been properly documented can make a later claim significantly harder to prove.
What is the 21-day rule for delay?
CMR Article 30 contains specific notice rules.
For claims arising from delay, written notice is particularly important.
Compensation for delay may be lost if the appropriate written reservation is not made within 21 days after the goods are placed at the disposal of the consignee.
The Court of Cassation General Assembly of Civil Chambers applied this issue in E.2008/52, K.2008/119 dated 13 February 2008.
A company should therefore not wait for commercial negotiations to finish before considering whether the CMR notice period is running.
What is the limitation period for a CMR claim?
Article 32 provides a relatively short limitation period.
The general limitation period for claims arising from carriage governed by the CMR is one year.
In cases involving wilful misconduct or fault considered equivalent to wilful misconduct, the period may be three years.
The starting date depends on the type of claim.
Loss, partial loss, delay and other transport claims may therefore require different calculations.
Because the period can be much shorter than businesses expect from ordinary commercial disputes, limitation should be checked as soon as a cargo problem arises.
Why are subcontractors important?
International carriers frequently perform the carriage through subcontractors.
Using another carrier does not automatically remove the contractual carrier’s exposure.
The CMR contains rules concerning persons whose services the carrier uses to perform the carriage.
The contractual structure should therefore be examined to identify:
- the contracting carrier;
- the actual carrier;
- subcontractors;
- successive carriers; and
- any insurer involved.
A party should not assume that only the driver or the company physically operating the truck can be liable.
What should a transport company preserve before a dispute arises?
A transport company should ideally retain a complete digital file for each international shipment containing:
- customer instructions;
- quotation and agreed freight;
- transport contract;
- CMR consignment note;
- subcontractor agreement;
- loading and delivery records;
- customs documents;
- location data;
- driver communications;
- damage or incident records; and
- all payment and notice correspondence.
In CMR disputes, the legal question is often decided through a very detailed factual timeline.
Sources: CMR Convention, Articles 1, 3, 11, 17–19, 23, 29–30 and 32; 1978 Protocol to the CMR; Court of Cassation General Assembly of Civil Chambers E.2023/502, K.2025/320, 14.05.2025; Court of Cassation 11th Civil Chamber E.2024/5507, K.2025/4992, 09.07.2025; Court of Cassation General Assembly of Civil Chambers E.2008/52, K.2008/119, 13.02.2008.
This article provides general information. The route, parties, transport documents and circumstances of the loss must be examined individually.