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A Study on the Fraud Exception of the Letter of Credit

Author: ZhuLiPing
Tutor: JiangXinMiao
School: Hunan Normal University
Course: International Law
Keywords: Fraud Exception Substantive fraud Court ban the payment order
CLC: D996.2
Type: Master's thesis
Year: 2005
Downloads: 181
Quote: 2
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Abstract


The traditional letter of credit transactions adherence to the principle of absolute independence , letters of credit and the underlying contract and other contract phase separation , as long as the beneficiary to submit documents in line with the stipulations of the Credit , banks should definitely payments . The mechanism for the letter of credit fraud natural space , making fraud intensified in order to prevent combating credit card fraud , people raised a powerful weapon - the fraud exception to the principle , the principle is independent of traditional the breakthrough of the principle of the new development of traditional letters of credit . This paper is divided into four parts : Part I: the causes of the principle of fraud exception . This section describes the basic meaning of the principle of fraud exception and features , and from the economic, social and legal point of view to explain the reasons for the formation of the principle . Part II: Fraud Exception fraud as defined in the comparative study . This section, the author uses a comparative analysis of methods , a comparative analysis of the relevant laws of the several countries , concluded : fraud should be \Part III: the fraud exception to the principle of the main obligations. This part mainly analyzes the process of the use of the principle of fraud exception , the issuing bank , the court , the applicant shall fulfill the obligations . Part IV: Fraud Exception our legislative and judicial . This part of the Introduction and review of the fraud exception to the principle of legislative and judicial status quo, perfect few suggestions .

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CLC: > Political, legal > Legal > International law > International Economic Law > International financial and monetary law
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