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Register a new userThe role of the bank when submitting infringing documents in documentary credit
دور المصرف عند تقديم مستندات مخالفة في الاعتماد المستندي
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يعتبر الاعتماد المستندي من أكثر الوسائل نجاعة في تسوية المدفوعات التجارية الدولية, و يتم ذلك من خلال تقديم المستفيد لمستندات مطابقة لشروط خطاب الاعتماد تحت طائلة رفض المستندات.
The documentary credit is one of the most effective means of settling of international trade payments. This is when the beneficiary submits documents in accordance with the terms of the letter of credit.
References used
Abu Alkhair, Najwa,1971,the bank and conflicting interests in L/C. daralnahda
Ismail, Mohamed Hussen,1992,Buer’s obligation to open documentary credit. Institute of public Administration, Riyadh, without edition
Alqasaby, Essam Eldin,1993Legal system of international banking operations, practical study of documentarycredit.daralnahda
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International trade contracts are considered one of the most important topics of international law, because they are reflected on the economies of all countries, and that they are of the successive contracts, where goods take time to cross the border
s of more than one country, which makes them exposed to risks. And since the documentary credit is one of the international trade contracts for its role in providing guarantee for the international sales, It is also one of the most capable means that the modern era has known in contributing to the completion of international trade deals, one the most important banking operations in the world, one of the most used tools of payment in international trade, and for its success as a fast-performing and low-cost tool, and since the documentary credit contract has a number of stages until it reaches its goal, this process may be hampered by unexpected events that are independent of the will of the debtor and affect the implementation making it either impossible as force majeure, or exhausting for debtor while remaining possible; as emergency circumstance.
The banking sector shapes a main backbone of economy in any country, given the great services provided by the economic life in any society, in addition to the significant developmental role play as a motivator and a engine of development wheel, and l
ike all other institutions banks seem subject to the competition element among them in the domain of credit granting.
The significant developments in the financial sector at the level of the world marked by the enormous technological progress in the banking industry, and the introduction of new financial instruments some financial crises, and most of the crises in the financial sector problems were common denominator where the banks, experts attributed this to increased risks, led by banking credit risk arising from credit granting, therefore it was necessary for each bank to put specific controls that guarantee the possibility of increasing granting credit while maintaining risk within acceptable limits, this requires the availability of an efficient system of credit analysis.
Here they sought researcher of this study is to focus on the study of credit made in the Commercial Bank of Syria, which overlook a lot of the important aspects that need to be studied and which may constitute a starting point for risk, Which leads in turn to stumble in the future, the researcher in theoretical section depended on the descriptive approach to what is stated in the most important books and references Banking and Finance, and depended on field study in the practical side to get to know the reality of the studies conducted by the Commercial Bank of Syria before granting loans and advances.
The goal of the researcher of this study to verify the existence of a certified system of credit analysis at the Commercial Bank of Syria, and the efficiency analysis in commercial bank credit to reduce the size of the credit risk associated with the granting of loans.
The most important results lack a holistic system of system credit analysis at the Commercial Bank of Syria, particularly with regard to financial ratios used in the analysis process, the adoption of curriculum diversification to reduce risks associated with the granting of credit, The bank's focus on collateral and personal for the granting of loans, and credit analysis neglects to identify the purpose of the granting of the loan as well as the history of banking transactions for credit applicants with other banks.
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.
The search discusses the importance of the finance factor especially
the banking one in the developing of Syrian industrial projects by
studying the role of Syrian industrial bank in funding the industrial
projects, its essential task into supply the industrial section.
The researcher found that the process of organizational change is
affected by the levels of administrative creativity.
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