مسؤولية البنك عن فحص المستندات في الاعتماد المستندي : دراسة تحليلية مقارنة

الملخص EN

This research deals with the responsibility of the bank in examining documents under documentary credits in view of the importance and seriousness of this commitment on the part of the bank.

In the documentary credit contract, the bank does not deal with goods but rather with the documents presented by the seller (the beneficiary).

Therefore, if these documents are in compliance with the terms of the credit, the beneficiary is said to have fulfilled his obligation.

The bank shall accordingly pay the beneficiary the value of the credit.

If the documents do not comply with the terms of the credit’s contract, the bank must refuse to pay the credit to the beneficiary and must not implement the credit’s contract.

Therefore and given the effects of compliance or non-compliance of the documents with the credit’s contract and the possible damages that might afflict the contracting parties, the bank must examine and audit the documents based on specific criteria.This research analyzes the position of the International Chamber of Commerce’s Uniform Customs and Practices (UCP) for Documentary Credit UCP600 of 2007 concerning the research topic.

Besides, the position of the UAE law with regard to the research topic will also be addressed along with reference to some judicial practices related to the research topic.