تأثير الغش على مبدأ استقلال الالتزامات في الاعتماد المستندي

Abstract EN

Documentary credit plays an important role in international trade in the settlement of sales transactions through its role of intermediary between exporters and importers ; it was born and developed in response to the need for international trade.

one of the principles on which documentary credit is based is the principle of independence, the right of the beneficiary to confront the bank being totally independent of the relations between the bank and the buyer client on the one hand, and the relations of this last with the beneficiary seller, on the other hand.

the bank is required to pay the value of the documentary credit to the beneficiary if the latter presents all the required documents and conforms to the conditions of the credit, unless it is proven that there has been fraud or forgery committed by the beneficiary, by providing the latter documents not conforming to what was agreed in the documentary credit, which affects the rights and obligations of the ordering customer, and the disruption of the documentary credit process.