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

6 UNEXPECTED CIRCUMSTANCES AND CARRIAGE OF GOODS BY SEA These general and fundamental parameters will become, further, clear from the comments that follow with respect to the design in the book’s structure. In the First Part, special attention will be given to the approach of the “frustration of contract” of affreightment pursuant to English and American maritime law. It must be unequivocally reiterated, from the outset, that the impending analysis is based, primarily if not absolutely, on maritime law cases. All the leading cases will be analysed. Only a limited number of non-maritime law cases will be considered whenever it is indispensable. This being the case, the exploration and evaluation of the English and American jurisprudence can be deemed as fundamental. The research will not be restricted to a simple review and confirmation of the findings of the case law regarding the “doctrine of frustration”. The research will include, firstly, the brief presentation of the facts of each individual case and, secondly, evaluation and critical analysis of the enacting part of judgementswhenever it is necessary. In the Second Part of the book, a thorough examination of the Greek Maritime Law Code provisions regarding the dissolution of the contract due to unexpected circumstances will take place. The objective aim is to enhance understanding of the Greek Law regulations concerning the impossibility of performance without fault and to concisely explain the thoughts and intentions of the legislator who drafted said provisions. The jurisprudential approximation of the matter in question pursuant to Greek Maritime Law is extremely weak. Although it will be difficult to draw useful conclusions from it, Greek case law will be presented. The law of impossibility of performance without fault (articles 159 et seq. of the Code of Private Maritime Law) has not been put into practice nor is there any case law which applies; there has only been one case in two instances. Moreover, one cannot derive substantial help from the literature and is unable to fathom the arguments of the analysis, for they are poor. However, the views expressed will be cited, conclusions will be drawn and considered. It is a starting point for the interpretation and analysis of the Greek regulatory framework i.e. Article 159 et seq. The conclusions will not be reiterated at the end of the book for two reasons. The first is that the conclusions (i.e. concluding comments) are set in the relevant parts of the study where the reader may seek them and the second is that their repetition will not enrich the analysis. Finally, the reader (especially the law student) or the law practitioner must be informed, that the law is presented as it stands at the end of March of the year 2018. Nonetheless, since a theoretical and jurisprudential approach of the Greek and the Anglo – American Law position is not something static, one has to resort to the new case law for guidance; close attention to any new case law and its detailed study is, thus, necessary.