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

PREFACE 5 3.1. The aim 12 The aim is to confine the analysis of unexpected circumstances and their effect only on carriage of goods by sea under either a bill of lading or a charterparty. The link between a contract of carriage of goods by sea and the concept of unexpected circumstances will be reviewed extensively. Their influence on the performance of the contract, after its formation, is significant given the fact that they obstruct or substantially delay the normal performance of the existing contractual obligations. Their appearance to the “life of a contract” is usually accompanied by outstanding issues, which arise because of impossibility, frustration or impracticability, the most famous of which is the commonly used term of “frustration of contract”. These problems, the analysis of which presupposes a case-by-case approach, require considerable attention. Hence, in light of these initial remarks, the intention is to enlighten both practitioners and law students on the issue in question and to highlight the pivotal role of maritime law jurisprudence as pertaining to the development of the “doctrine of frustration” as a method for allocating the loss by the occurrence of unexpected, accidental or exceptional events. The core of the research is analysed as follows: How does the “doctrine of frustration” operate in the field of maritime law? Moreover, under what circumstances comes into play andwhat is its effect on the contract? Literature is also seriously considered. However, given that there will be no reference to other areas of law, nor will there be a comprehensive examination of the issues unrelated to maritime law, the main objective, firstly, includes both a scrutiny and an evaluation of the maritime law findings and, secondly, questions the scope of the “doctrine of frustration” and its limitations. At the end of each and every chapter extensive comments will be made on the case law elaborating and clarifying the issues as they arise. 3.2. The method The primary interest focuses on the theoretical and jurisprudential approach of the link between unexpected circumstances and contract of affreightment or carriage of goods by sea. The intention is to present the formation and evolvement of the common law position (“doctrine of frustration”), the way the judges have addressed the legal questions that have arisen and the variations in case law (English and American). In addition, there will be a presentation and an analysis on the provisions of the Greek Maritime Law Code. Interpreting the law, verifiable arguments on a rational and reasonable basis will be presented and a critical analysis will be made on the issues examined. Thus, the consideration of these arguments will enable us to elucidate the outstanding issues. 12. This book along with its companion, our PhD thesis, constitutes a unity and intends to fill a gap in the Greek Maritime Law literature regarding the discharge of contract (articles 155- 167), (Zygouros L.: The rescission of the contract of affreightment, (Greek and comparative law) (2012).