Goods carried by sea may get wet, break, become contaminated or arrive short, but that does not by itself mean that the entire loss will be recovered from the carrier. The right to claim is assessed together with the stage at which the damage occurred, the correct counterparty, the entries in the transport document and the applicable time limits. In a file governed by Turkish law, Articles 1178–1192 of the Turkish Commercial Code (TTK) are particularly important. For the cargo interest, the first objective is to document the condition of the goods on delivery and to preserve the right to claim against the carrier while the insurance inspection is pending.
Which relationship must be identified first in a cargo damage claim?
The same shipment may involve a seller, a buyer, a freight forwarder, a contractual carrier, an actual carrier and a terminal operator. It should not be assumed that the company named on the invoice is also the debtor under the contract of carriage. The question of who issued the bill of lading, and in what capacity, is examined together with the freight contract, the booking confirmation and the delivery order. An act performed by an agent on behalf of the carrier and an obligation the agent undertakes in its own name lead to different consequences.
The capacity of the claimant must also be documented. Ownership of the cargo, the passing of risk under the sale contract, rights arising from the bill of lading, assignment of the claim and payment by the insurer are separate matters. An Incoterms clause can explain how costs and risk are allocated between seller and buyer; on its own, it does not resolve who may apply to the carrier, or with which document. The fact that a company has economically borne the loss does not automatically show that every condition of the right of action is met.
In carriages with a foreign element, the choice of law and the dispute resolution clause form part of the initial review. Article 29 of the Private International and Procedural Law (MÖHUK) contains special connecting rules for contracts of carriage of goods. The discharge of cargo in Türkiye does not mean that Turkish law will apply in every case. The conditions for applying international conventions are also assessed separately. The statutory periods and limits explained in this article are based on the premise that Turkish law applies to the relevant relationship. [1, 2]
What period does the carrier’s liability cover?
Under TTK Article 1178, the carrier must exercise the care expected of a prudent carrier during loading, stowage, carriage, custody, care and discharge. What is decisive for liability is whether the loss, damage or delay in delivery occurred while the goods were in the carrier’s custody. This period is not confined to the hours when the vessel is at sea; the manner of taking over and delivering the goods is also examined against the statutory criteria.
For example, if a blow to the container door is already visible in the terminal gate-in photograph, it cannot be said directly that the damage occurred on board. By contrast, the assessment changes if the pre-loading soundness records, the incident during the sea voyage and the discharge report corroborate one another. In multimodal carriage, the land, sea and storage segments must be separated within the same file. Where it is not known where the damage occurred, this too may create a dispute over the applicable liability regime.
Defenses based on storm, fire and packing
It is not enough for the carrier simply to say “there was a storm” or “the packing was inadequate.” TTK Articles 1179–1183 separately address causes that cannot be attributed to the carrier, the special provision on technical management and fire, presumptions of absence of fault and the concurrence of causes. The cargo interest may show that poor stowage or inadequate care contributed to the loss. The carrier, in turn, must demonstrate the link between the loss and the cause it relies on.
In particular, a defense based on fire and technical fault should not be confused with the duty of care applicable to general cargo. The cause of the fire, the carrier’s own fault, the seaworthiness of the vessel and the precautions taken are examined according to the circumstances of the file. If there are several causes, it becomes important to determine which part of the damage can be attributed to which cause. For this reason, a technical report should not be content with reporting a conclusion merely in the form of “sea damage.” [1]
How are short delivery and container records assessed?
Short delivery requires a comparison of the quantities loaded and discharged. The packing list, weighbridge tickets, tally records, customs documents, terminal movements and the delivery receipt should be examined on the same unit of measure. Comparing gross weight with net product weight, or mistaking the number of packages for the number of product units, can produce a shortfall calculation for a shortage that does not actually exist. For bulk cargo, the measurement method and any claim of ordinary loss in weight are assessed separately.
The fact that a container was delivered with its seal intact does not prove that every item inside was sound and complete at loading. Entries in the bill of lading stating that the shipper loaded or counted the contents are considered together with the carrier’s opportunity to inspect them. On the other hand, an intact seal does not remove all of the carrier’s responsibilities relating to external damage, proper carriage or temperature management. If the seal has been changed, the reason for the change, its place and the record of the authorized person are requested.
Where the parties reach different results during the cargo count, it must be stated clearly which cartons were opened and which sampling method was used. Damaged and sound parts should be separated without mixing, and product, packaging and serial information should be matched. This makes it possible to verify whether an invoice submitted later and the goods inspected belong to the same shipment.
Why must notice of damage and the time limit for suing be tracked separately?
TTK Article 1185 regulates notice of damage to the carrier. Visible loss or damage must be notified in writing at the latest at the time of delivery. For damage that is not apparent from the outside, it is sufficient that the notice is sent within three consecutive days of delivery. The notice must describe the general nature of the loss; there is no need to wait until all surveys and calculations are complete.
| Step | Basic period under Turkish law | Consequence to note |
|---|---|---|
| Notice of visible loss or damage | At the latest at the time of delivery | The nature of the damage is recorded in writing. |
| Notice of damage not apparent from the outside | Three consecutive days from delivery | Business days are not counted. |
| Notice of loss from delay | Sixty consecutive days from delivery | If not notified in time, no compensation for delay is paid. |
| Legal action against the carrier | As a rule one year under TTK Article 1188 | The starting point and any steps affecting the period are calculated separately. |
Failure to give notice of damage does not in every case directly extinguish the right to compensation. Where the statutory conditions are met, the absence of notice and of an inspection gives rise to presumptions in the carrier’s favor that may be rebutted by evidence to the contrary. For loss from delay, however, the consequence of the sixty-day notice requirement is different. Where an inspection by the competent authority named in the law, or by an officially appointed expert, has been carried out with the participation of the parties, separate notice may not be required; this exception should not be assumed for an ordinary unilateral report.
The one-year period in TTK Article 1188 starts from delivery of the goods or part of them; if there is no delivery at all, from the date on which they should have been delivered. After the cause of action has arisen, the parties may extend the period by agreement. Continuing negotiations or an insurer’s review of the file are not such an extension agreement. It should be documented who accepted the extension, for which claim and for which final date. [1]
Which documents are prepared in a cargo damage file?
The initial file must be clear enough to show the transport relationship and the time of the incident. Even if the survey has not yet been completed, a preliminary assessment can be made with the documents available. Missing documents are matched with the persons and institutions able to supply them. Especially for camera and terminal records that are kept only for a short time, it is useful to prepare a preservation request without delay.
- The contract of carriage, the front and back of the bill of lading, and the booking and freight documents.
- The sales invoice, packing list, and pre-loading condition and quality records.
- The delivery date, delivery receipt, carton count, weighing and seal information.
- Dated photographs showing the inside and outside of the container, the packaging, damaged products and labels.
- The invitation to a joint inspection, the survey report, and sample and laboratory records.
- Notices sent to the carrier and the insurer, together with dispatch and receipt records.
- Documents showing the costs of sorting, preservation, repair, disposal or compulsory destruction.
In the inspection report, the points on which the cause of the loss has been determined with certainty should be separated from those that remain at the level of probability. If goods are to be destroyed for health or safety reasons, the relevant official decision and the technical grounds must be preserved. A disposal carried out in commercial haste, the failure to give the other side an opportunity to inspect, or the failure to document the salvageable value may make the calculation of compensation contentious.
How are compensation and the SDR limit calculated?
The actual loss and the limit of liability make up two separate calculations. TTK Article 1186 takes as its basis the value of the goods at the place and on the date at which they were or should have been discharged in accordance with the contract. The invoice is important evidence, but in every file it is not, on its own, the final amount of the loss. The possibility of repair, the value in the damaged condition, the salvageable amount and duplicate claims are taken into account.
For loss or damage, the statutory limit is the higher of 666.67 SDR per package or unit and 2 SDR per gross kilogram of the goods lost or damaged. It is important that the packages or units inside a container are listed in the sea carriage document; otherwise the container may be treated as a single package or unit. If the nature and value of the goods were declared before loading and entered in the document, a higher contractual limit or the conditions in TTK Article 1187 may change the result.
Hypothetical example of the limit calculation
Suppose that all 12 packages separately listed in the transport document are damaged and the total gross weight is 5,000 kilograms. The package-based calculation yields 8,000.04 SDR; the weight-based calculation yields 10,000 SDR. On this assumption, the higher limit of 10,000 SDR is taken into account. This figure is not an amount that will be paid automatically: liability, the actual loss and whether there is a ground that breaks the limit are determined separately.
Liability for delay involves a different calculation: the amount payable is two and a half times the freight payable on the goods delayed, and it cannot exceed the total freight under the contract. If loss or damage and delay occur together, the overall statutory limit applies separately. In converting SDR into Turkish lira, the date prescribed by the law and the Central Bank of the Republic of Türkiye (TCMB) value are used; the example gives neither a current exchange rate nor a promise of definite compensation. [1]
What does the Court of Cassation decision show about time limits?
In its decision of March 12, 2026, E.2025/4609, K.2026/1482, the 11th Civil Chamber of the Court of Cassation (Yargıtay) examined claims for the difference in replacement goods purchases and for financing losses attributed to cargo damage in carriage by sea. The courts applied the one-year preclusive period in TTK Article 1188 to the dispute; even though the time spent in mediation was taken into account, they concluded that the action had been filed late. The Court of Cassation upheld this result.
The decision shows that giving a loss item a different name does not by itself take it outside the cargo damage regime. It also shows that an application to mediation does not remove the need to follow the rest of the litigation timetable. The date calculation in the decision cannot be used in place of the delivery or notice dates of another file. [4]
How should the route of application be planned for foreign companies?
In a commercial monetary claim or compensation claim to be heard before a Turkish court, mediation as a condition precedent to litigation may arise. Article 18/A of Law No. 6325 provides that limitation is suspended, and the preclusive period does not run, between the application and the final record. There is a separate exception for cases in which an arbitration agreement exists. For this reason, the same order of application is not applied to every file without examining the arbitration clause in the bill of lading. [3]
The foreign company’s registry and representation documents, power of attorney, required certifications and translations should be prepared early. The carrier’s identity, address for service and assets in Türkiye are also investigated. Interim protection directed at the vessel and the principal compensation claim require different examinations. The fact that a measure can be taken in a Turkish port does not mean that the principal action will necessarily be heard in the same place.
If the insurer has made a payment, it is determined for which amount subrogation has arisen. The insured’s deductible or uncovered-loss claim and the amount paid by the insurer must not be claimed twice in the same calculation. The date of the insurer’s payment is not a general rule that restarts the period against the carrier from the beginning. The details of the insurance relationship are addressed separately in this series’ article on marine cargo insurance.
In the first assessment sent to a foreign law firm, established facts should be separated from points still under investigation. The delivery date, notices already given, the dispute clause in the contract and missing documents can be shown in a short table. In translation, the carrier’s capacity or the reservation on delivery in the bill of lading should not be lost through summarizing; where necessary, the relevant part of the document should be presented together with the original text. In this way, teams in different countries can work on the same incident and time-limit assumptions.
Conclusion
The strength of a cargo damage file depends on combining the records at the time of delivery with the contract of carriage. The correct carrier and rights holder must be identified; damage, delay and litigation time limits must be tracked separately; and the calculation of loss must be compared against the statutory or contractual limits. In files involving foreign parties, the review of applicable law and forum is carried out at the start of this work. A concrete claim plan should be built by reviewing the bill of lading, the delivery documents and the policy together.
Related articles: Claims and payment refusals in marine cargo insurance; General average and security; Charterparty, off-hire and loss of freight; Preservation of evidence in ship accidents; Recourse claims of foreign marine insurers.
Frequently Asked Questions
If the damage was not noticed at delivery, is the right lost?
For damage that is not apparent from the outside, the three-consecutive-day period for written notice is important. Failure to give notice does not in every case mean that the right comes to an end; the presumptions in the law and the possibility of proving the contrary are assessed. The one-year period for applying is tracked separately.
Does notifying the insurer replace notice to the carrier?
No. The addressees and the legal effects are different. Notice must be given to the carrier or to its representative recognized by law, and the notification and cooperation obligations in the insurance policy must also be fulfilled.
If the container seal is intact, is the carrier not liable?
An intact seal does not give a definitive result on its own. The loading conditions, the external condition of the container, the events during carriage and the obligations undertaken by the carrier are examined together.
Can the entire invoice amount be recovered as compensation?
The actual loss must be proved, and the salvageable value and the relevant limits of liability must be assessed. The invoice amount is not the sum that will be awarded directly in every case.
If negotiations with the carrier are continuing, can the lawsuit be put on hold?
Continuing negotiations do not protect the time limit automatically. One should not wait until it has been confirmed whether there is a valid extension of the period or a step that affects the period by law.
Can an action be brought in Türkiye against a foreign carrier?
It is possible; however, jurisdiction, arbitration, choice of law and international instruments are examined. Discharge in Türkiye does not, on its own, produce a definite result of jurisdiction for every dispute.
Sources
1 — Law No. 6102, Turkish Commercial Code, in particular Articles 5/A, 1178–1192 and 1472. Ministry of Trade official text copy.
2 — Law No. 5718 on Private International and Procedural Law, in particular Articles 29 and 47. Ministry of Justice text.
3 — Law No. 6325 on Mediation in Legal Disputes, Article 18/A(15), (18). Ministry of Justice text.
4 — Court of Cassation 11th Civil Chamber (Yargıtay 11. Hukuk Dairesi), E.2025/4609, K.2026/1482, March 12, 2026. The full text of the decision was reviewed through Ad De Jure. Link to the decision — login may be required.
Source check date: October 14, 2026. This is informational text; a concrete dispute requires review of the contract and documents.