Κατεύθυνση Ναυτικό ΔίκαιοLibrary of the School of Law
Λία Ι. Αθανασίου, Καθηγήτρια, Τμήμα Νομικής, ΕΚΠΑ
Δημήτριος Φ. Χριστοδούλου, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Νικόλαος Α. Βερβεσός, Επίκουρος Καθηγητής, Τμήμα Νομικής, ΕΚΠΑ
Frustration και απρόοπτη μεταβολή συνθηκών στα ναυλοσύμφωνα - Συγκριτική μελέτη αγγλικού και ελληνικού δικαίου
Frustration and unforeseen changes of circumstances relating to charterparties - Comparative Study of English and Greek Law
The analysis contained in the thesis is based on the study of the doctrine of frustration in the English law of charterparties, the institution that is leading to the automatic termination of a charter contract when the change of circumstances renders impossible the fulfillment of the contractual obligations and that change of circumstances is not due to the fault of the parties and could not be foreseen by the parties. The main categories of reasons that may lead to the termination of the contract with the application of the doctrine of frustration are impossibility, impracticability and frustration of purpose.
A particular place in the present study is the case of excessive delay, which is methodologically included in the case of impossibility and it will be examined in detail, in view of the particular position of the time element in charterparties. The analysis begins with the examination of the application of the doctrine of frustration in the case of impossibility, and in this case it was considered necessary the previous review of the appearance of the doctrine in combination with its theoretical background. In the context of this historical review, there will be examples of cases falling within the framework of frustration of purpose. The case of excessive delay is then considered, where reference is made to cases of impracticability. At the same time, in the cases mentioned, Greek law is being examined by including the results from its implementation. Finally the study considers the examination of the limitations imposed on the implementation of the doctrine of frustration and the results it leads.
Main subject category:
Law and Legislation
Other subject categories:
frustration, imracticability, impossibility, delay