استقلالية العلاقات الناشئة عن عمليات الاعتماد المستندي وأثر الغش عليها: بحث مقارن

Abstract EN

Documentary credits are one of the methods to fulfill the obligation to pay the value from the customer to the seller in the sale contract that is concluded between them outside the borders of the country, and it has an important role in foreign trade, where banks play the role of mediator in settling and protecting rights between the seller and the buyer, On this basis, responsibilities arise on the parties Relationship.

The research focused on the issue of the principle of independence in the relations arising from the documentary credit contract, a principle explicitly stated in the comparative laws and Uniform Customs and Practice for Documentary Credits No.

600 of 2007 issued by the International Chamber of Commerce in Paris.

However, if this principle is applied to all cases, it opens the door for the fraudsters to forge and deceive documents.

Although, the comparative laws, principles, and Uniform Customs and Practice for Documentary, which did not include special texts related to this subject that would provide adequate protection for a bona fide party that was not aware of the case of fraud or counterfeiting in the documents, and this is a deficiency in the law.

In this research, we are trying to define the relationships arising from the documentary credit contract towards the bank and determine the concept of fraud in documents and their impact on principal Independence's.