The fraud as an exception to independence principle in letter of credit


Abstract in English

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 principle 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.

References used

Gao Xiang and Ross P.Buckley,2003 A comparative Analysis of the standard of fraud required under The fraud rule in letter of credit, Duke Journal of Comparative & international law, Vol 13: 2003,P.293-P.336
MERAL,N, 2012, The fraud exception in documentary credits-a global analysis, Ankara Bar Review, Vol. 2012-2, P.41-P.76
Uniform Customs and Practice for Documentary Credits 2007 Revision (UCP 600), 2007 International Chamber of commerce

Download