Contemporary Challenges and Practices in Logistics and Supply Chain Management
Freight Forwarders in Contemporary Logistics and Transportation Law: Current Practice and Challenges
Turkay ÖzdemirBusinesses such as agents, brokers, organizers, and forwarders are frequently serving in this sector and can affect the international trade processes of the logistics sector directly and indirectly due to their legal status.
Freight forwarders, which are established and operated as a separate commercial enterprise that also takes the titles of agency, broker, and carrier, are the main and most broadly responsible actors. While they perform the operations required by this position through contracts; it is not important whether they perform them or not.
Freight Forwarders, more broadly defined as logistics business operators, are a common example of these businesses and can undertake and offer a complete process in the door-to-door logistics service process by frequently operating in the logistics sector. In practice, Freight Forwarders undertake to be responsible for many activities of businesses that undertake similar services but outsource them to other businesses.
In practice, it is necessary to evaluate the legal status of Freight Forwarders according to the concepts determined in the international conventions that draw limit of liability for the enterprises serving in the logistics sector and the concepts of carrier, freight forwarder and agent in the Turkish Commercial Code numbered 6102, which regulates general Carriage Business within the 4th Book.
In this book chapter, firstly the general functioning of the logistics sector and its connection with international procurement will be determined; then the conventions applied in the sector and the main business operations and finally the relationship with Freight Forwarders will be evaluated. The aim of this chapter is to present the complex types of businesses in the logistics sector and their functioning, their status, and relations between them from a legal perspective. Therefore, the evaluation of the contractual position of freight forwarders in terms of their obligations and responsibilities must be done to know risks and benefits within each operation.