Benefits and Damage Expense in Portable Sales



Damage is the loss of the sold goods for any reason or reasons for which the parties are not responsible or a decrease in the value of the goods. The mentioned reasons for which the parties are not responsible may appear as force majeure or unexpected situations. An example of this is the partial or complete deterioration of a property that cannot be transported due to a general strike. 

Damage may make it partially or completely impossible to fulfill the debt.

The Complete and Partial Impossibilities

 The complete disappearance, expropriation and confiscation of the sold goods are examples of complete impossibility. The destruction of a certain part of the sold goods is an example of partial impossibility.

The Passage Of The Damage

Passage of damage refers to the liability arising from the loss or damage of the sold goods between the conclusion of the contract and the delivery of the goods. In fact, the transition of the damage can be expressed as determining which of the parties to the contract will bear the damage, that is, determining which of the parties will cause a reduction in the assets of the parties.

According to the Law of Obligations, the damage and benefit of the goods sold (except for situations that are different from the law, the requirements of the situation or the conditions stipulated in the contract) belong to the seller until the transfer of possession in the sale of movable goods, that is, the transition of the actual control of the property, and the registration of the immovable property in the sale of a real estate.

The Special Issue Related to The Buyer’s Delay in Transfer of The Goods

In accordance with the law, if the buyer passes the date agreed in the contract in taking over the sold goods, provided that it is valid for the sales of the movable, it must bear the damage as if the transfer of the goods has taken place.

Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of benefits and damage expense in portable sales including but not limited to the carrier’s legal liability, its limits, the breaking of the limits, the carrier’s exoneration, freight insurance and reinsurance, contracts of carriage, charter agreements, a recap of the fixture, disputes arising from the bill of lading and other fields of benefits and damage expense.