مسؤولية المصرف عن فحص المستندات في عملية الاعتماد المستندي وفقا للأصول و الأعراف الموحدة للاعتمادات المستندية : نشرة رقم 600

Abstract EN

This research discusses mainly examination of documents in documentary credit focusing on bank obligation to examine documents and its responsibility of such examination.

researchers followed descriptive and analytical method to explain definition of documentary credit, presented documents, parties of documentary credit contract, standard of examination and results of examination according ICC uniform customs and practice for documentary credits (UCP600) and compare them with ex provisions of ICC (UCPs).

this research is divided into two chapters and conclusion; every chapter consists of three sections.

we discussed in the first chapter of documentary credit in terms of (importance, function, definition, and legal conditioning), it is defined as a bank operation of a particular legal nature and is a tripartite contract.

Parties (bank, buyer, snd seller).

in the second chapter, we discussed the bank commitment to inspect the documents that are the basis of the accreditation process, and they are divided into two types, the original and secondary documents.

we also explained, the nature of the bank’s commitment to examining documents and examination standards, what is the standard adopted by the unified rules and customs, and the bank’s responsibility for the documents in violation.

the research concluded with a number of findings and recommendations, the most important of which is that the examination of documents is done on the surface.

the bank, should non-conformity, shall carry out the procedures set forth in article (16) of the uniform rules.