Since the documentary credits were the most widely used in the
field of international commerce, as to ensure the execution of
international sales contracts, the question, of the legal nature of the
two categories of documentary credits : Simple (w
hich did not
stipulate to be transferable) and the transferable one, is extremely
important.
To illustrate the special nature of documentary credit, it is
necessary to differentiate between the documentary credit simple
and other similar operations: as letter of guarantee, standby Credit
and documentary collection, and between the transferable
documentary credit and the other similar operations as assignment
of right, back to back credit and other specific credits.
On the one hand, the principle “fraud unravels all” is one of the
most important principles in the civil law, because of the law
doesn’t protect the person who act in bad faith. On the other hand,
the independence principle is the most important p
rinciple in the
letter of credit. Which that principle means: the bank’s obligation to
pay is separated from the underlying contract’s performance, and
the bank must honor the credit if the beneficiary presents the
compliant bills of documents, as well as the beneficiary is protected
from the risks of non-payment.
So, what is the influence of the fraud on the independence principle.
That is what we are going to discover.
