طبيعة الاعتماد المستندي و أثر الغش على التزام المصرف تجاه المستفيد

الملخص EN

This study focuses on the fraud and its impact on the bank’s commitment to the beneficial of the documentary credit.

It deals first with the legal nature of the documenta^ credit by analyzing the different jurisprudence views on the legal nature of the relationship of the bank and the beneficiary of the documentary credit, as any theory has its own impact on such legal relationship.

The study then focuses on the concept of fraud and its impact on the bank’s commitment to the beneficiary.

This is important since the legal dilemma is finding a balance between maintaining the prineiple of autonomy of the relationships arising from the letter of credit, and preventing its use as an umbrella for illegal actions (Fraud).

Therefore, the study deals with the fraud exception from the point of view of the Uniform Customs and Practice for Documentary Credits (Bulletin No.

600) (UCP), as well as it compares and analyzes the fraud concept according to jurisprudence and the American and English judiciary.