Strategic Studies of Jurisprudence and Law

Strategic Studies of Jurisprudence and Law

Document review criteria in bank commitments related to letters of credit with emphasis on apparent inconsistency between documents and terms

Document Type : research

Authors
1 PhD student in private law, Law Department, Kish International Branch, Islamic Azad University, Kish Island, Iran.
2 Assistant Professor, Department of International Law, Faculty of Law and Political Science, Kharazmi University, Tehran, Iran
3 Assistant Professor, Department of Private Law, South Tehran Branch, Islamic Azad University, Tehran, Iran.
10.22034/ejs.2024.467098.1865
Abstract
Background and Purpose: In the current research, the criteria for reviewing documents in bank obligations related to letters of credit have been investigated, emphasizing the apparent inconsistency between documents and conditions.
Materials and Methods: This article is descriptive and analytical. Materials and data are also qualitative and data collection was used to collect materials and data.
Ethical Considerations: In this article, the originality of the texts, honesty and trustworthiness are observed.
Findings: In Iran's legal system, the mistake of the applicant in determining the document to prove the fulfillment of the conditions that have a fundamental aspect can be considered as one of the examples of the mistake in the subject of the transaction itself, which causes the invalidity of the credit opening contract. However, the document that the beneficiary provides to the bank regarding non-documentary conditions is a document that has not been requested for its presentation and banks have no obligation to evaluate such documents and should ignore such documents. Therefore, if any discrepancy is found in these documents, it is irrelevant and should be ignored.
Result: In the documentary credit, if the description of the goods is subject to certain and specific characteristics, the commercial list must also reflect the same characteristic for the description of the goods, and not mentioning a single word of the description and description of the goods in the commercial list causes contradictions and inconsistencies in the documents presented with Conditions apply.
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