THE LIABILITY OF THE BEARER ARISING FROM THE CONFISCATION
The seller is liable to the buyer due to the actions of the third party as a result of a third party taking the goods from the buyer due to a superior right existing at the time of the sale contract or preventing the sold area from using some of the rights of ownership.
In this case, the third party actually has a superior right, this superior right gives the third party the opportunity to seize the sold goods.
Reasons Of The Liability Of The Bearer From Confiscation Of A Third Party
Liability arising from the seizure arises as a result of the obligation of the seller to transfer the property right on the sold goods or to transfer the sold right. This liability of the seller arises from the law, so the seller does not need to make a separate commitment in this matter. Only according to the law, the seller must also undertake what they know of the rights that provide the restraint at the time the contract is established.
Full and Partial Confiscation
The confiscation of the sold goods can manifest as full or partial confiscation. If the right claimed by the third party on the goods sold is the property right, there is full confiscation here. If the third party claims any right of ownership over a part of the sold goods or any rights arising from the property rights over the whole sold goods, such as the right of pledge, there is a partial seizure here.
The Conditions For The Liability Of The Bearer For Confiscation
In order for the liability arising from the contract to be in question, the goods sold must have been delivered to the buyer, there must be a right to ensure the capture at the time of the sale contract, and the buyer must not know the danger of confiscation when the sales contract is established.
Effects Of The Confiscation To The Contract Between The Buyer And The Bearer
In the case of full confiscation of the sold goods, the contract of sale automatically disappears with an effect on the past. At this point the seller has to return it with interest. In addition, the buyer will be able to demand compensation from the seller on the basis of perfect liability.
In the case of partial seizure, the buyer may not demand the termination of the sales contract and may only request compensation for the damages incurred due to the confiscation.
Antalya Attorney Baris Erkan Celebi and his Antalya Law Firm advise their clients in all subjects of THE LIABILITY OF THE BEARER ARISING FROM THE CONFISCATION 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 THE LIABILITY.
Whether you need legal advice, representation, or assistance with a legal matter, our law firm in antalya is here to achieve the best possible results with a strong commitment to our clients.