UNEXPECTED CIRCUMSTANCES AND CARRIAGE OF GOODS BY SEA - ΑΠΡΟΟΠΤΗ ΜΕΤΑΒΟΛΗ ΣΥΝΘΗΚΩΝ ΚΑΙ ΣΥΜΒΑΣΗ ΘΑΛΑΣΣΙΑΣ ΜΕΤΑΦΟΡΑΣ

2 UNEXPECTED CIRCUMSTANCES AND CARRIAGE OF GOODS BY SEA It is, however, possible that at the time of the conclusion of the charterparty or during its performance, unforeseen obstacles or random events or events exceptional in nature may occur, which form a completely different legal and factual situation in comparison to the circumstances that existed at the time of its conclusion. In other words, it is possible that, during the time between the conclusion of the charterparty and its performance, exceptional and unpredictable events may occur that might substantially and fundamentally alter the conditions which were considered by the parties during the negotiation and the signing of the contract. The direct result of the impact of these events is a serious disturbance of the contract’s balance to the detriment of the other party. The question, therefore, that arises concerns the prospective of the contractual relationship and can be summed up as follows: Is it possible for the obligor to be released from his contractual obligations at his discretion when unforeseen events obstruct the performance of the contract or conversely, is the obligor bound to fulfil his contractual obligations at any cost? Surely, the answer to this question is neither simple nor can it be given at the introduction of the book. However, crucial factors in this direction are the law governing the contract as well as the specific parameters and circumstances of each individual case. Consequently, the problem is approached in a different manner from the perspective of English and American law where both liberal ideas and the principle of “sanctity of contracts” require the absolute fulfilment of contractual obligations 4 . On the contrary, Greek law 5 approaches it differently since the fulfilment of contractual obligations is required on the basis of good faith. Therefore, the termination of the contract in cases where unexpected circumstances justify such a solution cannot be excluded, a priori and as a whole. This will be analysed in depth at the relevant parts of the book. 2. Delineating the problem The main issue of this book relates to the existence and the material effect of the occurrence of unexpected, accidental or exceptional events in the contract of affreightment or in the contract of carriage by sea during the period from the conclusion of the charterparty or the issuance of the bill of lading and thereafter. Even if the parties show due diligence or take all necessary precautions or include 4. Hay: Zum Wegfall Der Geschäftsgrundlage im Anglo - Amerikanischen Recht, 164 Archiv für die Civilistische Praxis (1964), 231 at p. 232, Rapsomanikis M.: Frustration of Contract in International Trade Law and Comparative Law 18 Duquesne Law Review (1979-1980) in (http://www.cisg.law.pace.edu/cisg/biblio/rapsomanikas.html ), Smit H.: Frustration of Contract: A Comparative Attempt at Consolidation, 58 C.L.R., 1958, p. 258, Beale H.- Hartkamp A.- Kötz H.- Tallon D.: Cases, Materials and Text on Contract Law (2002), p. 88. 5. Stathopoulos M.: General Contract Law (2018), p. 220, p. 256, Georgiades A.: Contract Law General Part (1999), p. 19, n. 31. See also: Papantoniou N.: The Good faith in civil law 1957. For the German law see: BGB 242.