"Clauza de grevă maritimă" din contractul Gencon

Prof. univ. dr. Constantin ANECHITOAE

Universitatea "Ovidius" din Constanţa

ABSTRACT

The strike clause foreseen in the Gencon contract has become one of the important clauses in maritime transport contracts, considering the pecuniary effects caused by strikes in the maritime sector, which primarily affect sea and ocean transport, with a disruptive echo in the entire chain of international trade.

The negative impact on the flow of goods, with significant interruptions or delays, caused by port strikes, results in financial losses committed to the burden of all parties involved, starting with carriers who cannot load dry or liquid products onto the ship, or cannot unload them on the stipulated terms.

In this study, we present the strike clause, as a legal instrument intended to provide an approximate degree of certainty, by managing the impact of strikes through the predictability of minimizing the effects on carriers in appropriate management...