According to the Article 1141 of 6102 numbered Turkish Commercial Code, the carrier is obliged to show due diligence to make the ship both sea and cargo worthy. The carrier shall be liable for any loss or damage occasioned through the unseaworthiness of the ship. However, such liability shall not attach when the unseaworthiness was caused by a latent defect not discoverable by due diligence.
A seaworthy ship is a ship which is fit enough to perform and finish its voyage safely with its cargo, facing all the risks of the sea. In a sense it must be tight, strong, well-equipped, in every way fitted for the intended voyage. This obligation of the carrier arises in contracts of freightment. The carrier is liable for any damage caused by unseaworthiness.
As specified in Article 932 of 6102 numbered Turkish Commercial Code, the carrier is obliged to provide the ship which will carry the load in any freight contract worthy for the sea, road and cargo. Seaworthiness of a ship means that such ship is capable to resist against sea hazards of the cruise in terms of main parts such as body, general equipment, machinery, boiler. Roadworthiness means that a seaworthy ship has required qualifications to resist against the hazards of the cruise in terms of organization, equipment, loading status, fuel, provision, sufficiency and number of the ship’s crew. Cargo worthiness may be defined that a ship has organization to protect the current load against other hazards beyond sea hazards.