“Inherent Vice of the Goods” Exception in the frame of “Volcafe Ltd and Others v. Compania Sud Americana de Vapores SA” Decision: An Assessment under Turkish-German Law

Melda Taşkın

Article Details

“Inherent Vice of the Goods” Exception in the frame of “Volcafe Ltd and Others v. Compania Sud Americana de Vapores SA” Decision: An Assessment under Turkish-German Law

Authors:

Melda Taşkın

Publisher:

Istanbul University

Main Topics:

Law in Context (Other)

Journal:

Annales de la Faculté de Droit d’Istanbul Issue 73, pp.121-133

Document Type:

Article

Publication Date:

11/2023

Document Language:

English

Document ID (Org No.):

2001304132

pISSN:

0578-9745

Keywords:

Abstract:

 The United Kingdom Supreme Court, in Volcafe Ltd and others Appellants v. Compania Sud Americana De Vapores SA case set forth an important principle related to burden of proof for the exceptions of carriers liability counted in Art.IV2 of the Hague Visby Rules and decided that the carrier is under the obligation to substantiate the due diligence for the protection of the goods carried. According to Art.1182 of the Turkish Commercial Code TCC, titled the Circumstancesbthat provide Presumption related to Causality and Absence of Negligence to the Carrier, damages arise from the inherent vice or characteristics of the goods is accepted as an exception which facilitates the exclusion of the liability of the carrier. On the other hand, the German Commercial Code HGB 499,3 includes a provision which states explicitly that the carrier may avail itself of the defences related to the inherent characteristics of goods only if it has taken all of the measures in respect of the use of specific equipment. This study aims to review the provisions in both Turkish and German Law related to the exception of inherent vice of the goods and making a remark taking into consideration of the United Kingdom Supreme Courts decision.

 The United Kingdom Supreme Court, in Volcafe Ltd and others Appellants v. Compania Sud Americana De Vapores SA case set forth an important principle related to burden of proof for the exceptions of carriers liability counted in Art.IV2 of the Hague Visby Rules and decided that the carrier is under the obligation to substantiate the due diligence for the protection of the goods carried. According to Art.1182 of the Turkish Commercial Code TCC, titled the Circumstancesbthat provide Presumption related to Causality and Absence of Negligence to the Carrier, damages arise from the inherent vice or characteristics of the goods is accepted as an exception which facilitates the exclusion of the liability of the carrier. On the other hand, the German Commercial Code HGB 499,3 includes a provision which states explicitly that the carrier may avail itself of the defences related to the inherent characteristics of goods only if it has taken all of the measures in respect of the use of specific equipment. This study aims to review the provisions in both Turkish and German Law related to the exception of inherent vice of the goods and making a remark taking into consideration of the United Kingdom Supreme Courts decision.

 The United Kingdom Supreme Court, in Volcafe Ltd and others Appellants v. Compania Sud Americana De Vapores SA case set forth an important principle related to burden of proof for the exceptions of carriers liability counted in Art.IV2 of the Hague Visby Rules and decided that the carrier is under the obligation to substantiate the due diligence for the protection of the goods carried. According to Art.1182 of the Turkish Commercial Code TCC, titled the Circumstancesbthat provide Presumption related to Causality and Absence of Negligence to the Carrier, damages arise from the inherent vice or characteristics of the goods is accepted as an exception which facilitates the exclusion of the liability of the carrier. On the other hand, the German Commercial Code HGB 499,3 includes a provision which states explicitly that the carrier may avail itself of the defences related to the inherent characteristics of goods only if it has taken all of the measures in respect of the use of specific equipment. This study aims to review the provisions in both Turkish and German Law related to the exception of inherent vice of the goods and making a remark taking into consideration of the United Kingdom Supreme Courts decision.

 The United Kingdom Supreme Court, in Volcafe Ltd and others Appellants v. Compania Sud Americana De Vapores SA case set forth an important principle related to burden of proof for the exceptions of carriers liability counted in Art.IV2 of the Hague Visby Rules and decided that the carrier is under the obligation to substantiate the due diligence for the protection of the goods carried. According to Art.1182 of the Turkish Commercial Code TCC, titled the Circumstancesbthat provide Presumption related to Causality and Absence of Negligence to the Carrier, damages arise from the inherent vice or characteristics of the goods is accepted as an exception which facilitates the exclusion of the liability of the carrier. On the other hand, the German Commercial Code HGB 499,3 includes a provision which states explicitly that the carrier may avail itself of the defences related to the inherent characteristics of goods only if it has taken all of the measures in respect of the use of specific equipment. This study aims to review the provisions in both Turkish and German Law related to the exception of inherent vice of the goods and making a remark taking into consideration of the United Kingdom Supreme Courts decision.

Article Details

“Inherent Vice of the Goods” Exception in the frame of “Volcafe Ltd and Others v. Compania Sud Americana de Vapores SA” Decision: An Assessment under Turkish-German Law

Authors:

Melda Taşkın

Publisher:

Istanbul University

Main Topics:

Law in Context (Other)

Journal:

Annales de la Faculté de Droit d’Istanbul Issue 73, pp.121-133

Document Type:

Article

Publication Date:

11/2023

Document Language:

English

Document ID (Org No.):

2001304132

pISSN:

0578-9745

Volcafe Case

İnherent Vice of the Goods

Exceptions of Carrier’s Liability

Excepted Perils

Burden of Proof

Issues

Article Details

“Inherent Vice of the Goods” Exception in the frame of “Volcafe Ltd and Others v. Compania Sud Americana de Vapores SA” Decision: An Assessment under Turkish-German Law

Authors: Melda Taşkın

Publisher: Istanbul University

Main Topics: Law in Context (Other)

Journal: Annales de la Faculté de Droit d’Istanbul Issue 73, pp.121-133

Document Type: Article

Publication Date: 11/2023

Document Language: English

Document ID (Org No.): 2001304132

pISSN: 0578-9745

Volcafe Case

İnherent Vice of the Goods

Exceptions of Carrier’s Liability

Excepted Perils

Burden of Proof

Issues

Authors:

Melda Taşkın

Publisher:

Istanbul University

Main Topics:

Law in Context (Other)

Journal:

Annales de la Faculté de Droit d’Istanbul Issue 73, pp.121-133

Document Type:

Article

Publication Date:

11/2023

Document Language:

English

Document ID (Org No.):

2001304132

pISSN:

0578-9745