الجوانب القانونية لتصدع مبدأ الاستقلالية في الاعتماد المستندي

الملخص EN

The most prominent characteristic of a documentary credit contract is (independence); This is because the documentary credit is a tool to settle a relationship prior to the opening of the credit between the one who ordered the opening and the beneficiary of it, and this is a prelude to a subsequent relationship between the bank and the beneficiary of the credit .This relationship is independent of the previous relationship in terms of validity, invalidity, and the effects it has had.

Accordingly; the issuing bank cannot dissolve its obligations under the pretext of nullifying the basic contract.

The principle of independence is the mainstay of the documentary credit system to facilitate the implementation of the obligations of the seller and the buyer.

To enhance the purpose for which the documentary credit was established, international norms and national laws decided to stipulate that the documentary credit is a separate contract from the contracts for which it was established.

However, this principle has been cracked during practical application.

Among the most prominent aspects of that crack is fraud in documents, and the effect of nullifying the base contract on the bank’s commitment and seizing the amount of credit by the buyer and clearing the debts of the issuing or correspondent bank with the amount of credit .The research will shed light on multiple axes to highlight the jurisprudential difference and the judicial and legislative approach regarding the principle of independence and cracking it through the following axes: First: Cheating in documents.

Second: Annulment of the basis contract (sale) and the problems that arise because of it and their implications for the approval contract.

Third: Seizing the amount of credit by the buyer as a result of a previous debt between the latter and the beneficiary Fourth: clearing the debts of the issuing bank with the amount of the credit.

The research will attempt to present a set of proposals that contribute to adopting a clear judicial approach towards weakening the buyer's legal position.