An Evaluation on the Exclusion of Contracts of Carriage of Goods Containing Foreign Element from the Scope of the Provisions of the Applicable Law to Consumer Contracts within the Framework of Article 26/4 of the Private International and International Civil Procedure Law
Development summary
In this article published on 16 July 2025, Ozlem Burdurlu Ahlat examines the exclusion of contracts of carriage of goods containing a foreign element from the protective conflict-of-laws regime for consumer contracts under Article 26(4) of the Turkish Code on Private International and Procedural Law. The text sets out the rationale used for that exclusion, namely that international transport conventions already regulate most such disputes, while noting that some carriage contracts and issues still fall outside those conventions and are then referred to Article 29 without the consumer-protective approach found in Article 26; on that basis, it argues that the exclusion warrants reconsideration.