63 COMMERCIAL LAW the framework of the freight contract concluded between the shipper who approaches the carrier to have his goods carried, and the carrier who undertakes the carriage. The second one is established between the carrier who undertakes the carriage in accordance with the freight contract concluded with the shipper, but will not actually perform the carriage, partially or wholly, and the (actual) carrier who undertakes the carriage. The subject of this second freight contract, which is concluded between the contractual carrier and the actual carrier is partially or totally the same as the first freight contract, and it aims to perform the carriage partially or in total, which is undertaken by the contractual carrier. In the case of damage or delay, where there are multiple contracts of carriage and multiple carriers, being able to establish each carrier’s period of liability through carriage would be important. Liability of Actual Carrier As per Article 1192/2 of Turkish Commercial Code numbered 6102 (“TCC”), all provisions of the TCC regarding the carrier’s liability shall also be applicable to the carriage performed by the actual carrier. In this respect, Article 1178/2 of the TCC sets forth that the carrier is liable for the loss or damage of good or delay in delivery only if the loss, damage, or delay occurs in the period when the actual carrier has charge of the goods. In principle, the liability of the actual carrier, similar to the contractual carrier, is based on fault. The actual carrier’s fault is “prima facie” accepted, only if the damaged party is able to establish that the loss or damage is caused by the circumstances that occurred during the period when the actual carrier had charge of the goods. The burden to prove the absence of fault or neglect rests with the actual carrier. The actual carrier’s liability is limited to the contracting carrier’s liability established under the law. As per Article 1191/3 of the TCC, special provisions increasing the carrier’s liability or obligations that are not established by law or result in giving up a right granted to the carrier, is valid for the actual carrier, only if the actual carrier gives explicit and written approval. The purpose of this regulation is to ensure that the provisions that extend the obligations or limit the rights
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