Article 29 MÖHUK – Contracts for the carriage of goods

Article 29 of Turkish Law No. 5718 on Private International Law and International Civil Procedure (MÖHUK) determines the law applicable to contracts for the carriage of goods (eşya taşıma sözleşmeleri). The parties may choose a law; without a choice, the law of the country of the carrier’s (taşıyıcı) principal place of business applies if that country is also the country of loading or unloading or of the consignor’s (gönderen) principal place of business. The article can apply to you if you have household goods or commercial goods transported from Germany or the Netherlands to Turkey.

Article 29 MÖHUK – text

Unofficial translation:

Contracts for the carriage of goods
Article 29 – (1) Contracts for the carriage of goods are governed by the law chosen by the parties.
(2) Where the parties have made no choice of law, if the country in which the carrier has its principal place of business at the time the contract is concluded is also the country in which loading or unloading takes place, or the country of the consignor’s principal place of business, that country is deemed to be the most closely connected with the contract and its law applies to the contract. Single-voyage charter contracts and other contracts whose main purpose is the carriage of goods are also subject to this article.
(3) Where it appears from all the circumstances that there is a law more closely connected with the contract for the carriage of goods, that law applies to the contract.

Turkish original:

Eşyanın taşınmasına ilişkin sözleşmeler
MADDE 29 – (1) Eşyanın taşınmasına ilişkin sözleşmeler tarafların seçtikleri hukuka tâbidir.
(2) Tarafların hukuk seçimi yapmamış olmaları hâlinde, sözleşmenin kuruluşu sırasında taşıyıcının esas işyerinin bulunduğu ülke aynı zamanda yüklemenin veya boşaltmanın yapıldığı ülke veya gönderenin esas işyerinin bulunduğu ülke ise bu ülkenin sözleşmeyle en sıkı ilişkili olduğu kabul edilir ve sözleşmeye bu ülkenin hukuku uygulanır. Tek seferlik çarter sözleşmeleri ve esas konusu eşya taşıma olan diğer sözleşmeler de bu madde hükümlerine tâbidir.
(3) Hâlin bütün şartlarına göre eşyanın taşınmasına ilişkin sözleşmeyle daha sıkı ilişkili bir hukukun bulunması hâlinde sözleşmeye bu hukuk uygulanır.

Legislative reasoning

According to the reasoning of the government bill, the article is a new provision with no counterpart in the old law. It was introduced to take account of the features of the contract for the carriage of goods, one of the most common contract types in international trade. The carrier’s place of business, which counts where no law was chosen, is fixed at the time the contract is concluded to prevent changes made in bad faith. According to the reasoning, for the law of the carrier’s place of business to apply, that place must also be the consignor’s principal place of business or the place of loading or unloading; without this overlap the contract falls under the general rule. Single-voyage charter contracts were brought within the scope for consistency with European law.

Explanation

Choice of law. The parties may choose the applicable law without restriction. Removal and haulage companies often include a choice-of-law clause in their standard terms and conditions (genel işlem koşulları); whether that clause has become part of the contract is a separate question.

No choice: a two-part rule. The first point of reference is the carrier’s principal place of business (esas işyeri) at the time the contract was concluded. That alone is not enough; the same country must also be one of these three:

the country where loading takes place,
the country where unloading takes place,
the country of the consignor’s principal place of business.

For example, if a removal company based in Istanbul collects the goods in Düsseldorf and takes them to İzmir, Turkish law applies, because the country of unloading is also Turkey. If the carrier’s head office matches none of these places, for example where a company in Poland carries goods from Germany to Turkey, this rule does not apply. The most closely connected law is then determined under the general rule for contracts (Article 24(4) MÖHUK).

Escape clause. If all the circumstances show that the contract is more closely connected with another law, that law applies (Article 29(3)).

International conventions come first. The provisions of international conventions to which Turkey is a party are reserved (Article 1(2) MÖHUK). For the international carriage of goods by road, the best known of these conventions is the CMR. For carriage within the scope of the CMR, you look first at the CMR on matters such as the carrier’s liability; Article 29 comes in only for matters the CMR does not regulate.

What this means if you live abroad

Moving back to Turkey with your household goods. A contract with a removal company for a move from Germany or the Netherlands to Turkey is a contract of carriage and falls outside Article 26 on consumer contracts (Article 26(4)). If no law was chosen, Article 29 applies: for a removal company based in Turkey, Turkish law, because the country of unloading is also Turkey; for a removal company based in Germany, German law, because the country of loading is also Germany. Customs formalities for the goods are not covered by this post.

Put the contract in writing. If a dispute about damage or loss arises later, it will turn on who the carrier is, where its principal place of business is and whether the contract contains a choice-of-law clause. The author’s recommendation is that this information be stated clearly in the written contract and in the delivery document.

Subcontractors. For carriage from abroad to Turkey, the company you contract with may have the carriage performed by another company. Article 29 does not say which company counts as the “carrier”. This point is debated; there is no express statutory rule on it and no binding court decision. In the author’s assessment, the company that concluded the contract with you and undertook the carriage is the one that counts.

For other contract matters, see the commercial and contract law page.

Frequently asked questions

Which law applies when moving household goods from Germany to Turkey?

If the contract contains a choice of law, that law. Otherwise, the law of the country of the carrier’s principal place of business, if that country is also the country of loading or unloading (Article 29(2) MÖHUK). On matters within the scope of the CMR, the CMR applies first.

Is a household removal a consumer contract?

Article 26(4) MÖHUK excludes contracts of carriage, other than package tours, from the rule on consumer contracts. The applicable law is therefore determined under Article 29.

What is a single-voyage charter, and is it covered by this article?

It is the hire of a means of transport for a single voyage, and it falls within Article 29 (Article 29(2)).

Sources

Questions about your case

If goods transported from abroad to Turkey were damaged, lost or delayed and you would like to know which law a Turkish court would apply, you can book a video call, a phone call or a meeting in Düsseldorf on the appointment page, or send a written question through the contact form. Consultations are held in Turkish and cover Turkish law only (§ 206 BRAO); for the position under German or Dutch law, please consult a lawyer admitted there. Useful to have ready:

the removal contract, the quote and the standard terms and conditions,
the transport document and the delivery report,
the carrier’s company name and the country of its head office.