The Applicable Law to the Carrier’s Right of Retention

Development summary

This article by EKIN DENIZ ILHAN, published in Akdeniz Üniversitesi Hukuk Fakültesi Dergisi, addresses the law applicable to the carrier’s right of retention in disputes with a foreign element. It considers the Turkish Civil Code provisions in Articles 950 to 953 together with the Turkish Commercial Code, and focuses on the preliminary-question issue of how ownership is to be determined for the purposes of deciding whether the right of retention arises, alongside a comparative-law perspective.