The effects of fraud/forgery on a letter of credit: an international perspective
With a view to canvassing the principal potential problems in advising upon letters of credit, this article considers the following topics: (i) the documents of a typical credit transaction; (ii) the doctrine of autonomy; (iii) the doctrine of strict compliance and incidence of non-complying documen...
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Fakulti Undang - Undang
2000
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| Online Access: | http://journalarticle.ukm.my/1627/ http://journalarticle.ukm.my/1627/ |
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ukm-1627 |
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eprints |
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ukm-16272019-05-14T04:43:58Z http://journalarticle.ukm.my/1627/ The effects of fraud/forgery on a letter of credit: an international perspective Roslinda Mohamed Fadzil, With a view to canvassing the principal potential problems in advising upon letters of credit, this article considers the following topics: (i) the documents of a typical credit transaction; (ii) the doctrine of autonomy; (iii) the doctrine of strict compliance and incidence of non-complying documents; (iv) the documents used to check letter of credit terms; (v) the types of fraud; and (vi) the level of burden of proof required in establishing fraud. In particular, this article by looking at case law raises three questions. First, is the doctrine of strict compliance effective when in a majority of transactions the documents tendered are discrepant due to actual fraud and mere fraud? Secondly, what is the appropriate degree of burden of proof used by the courts to justify non-payment for standby credits given the case of perpetrating fraud there under? And lastly, what has caused the demise of the traditional bill of Lading to a more electronic mode of negotiability? Fakulti Undang - Undang 2000 Article PeerReviewed Roslinda Mohamed Fadzil, (2000) The effects of fraud/forgery on a letter of credit: an international perspective. Jurnal Undang-undang, 4 . ISSN 1394-7729 http://ejournal.ukm.my/juum |
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Digital Repository |
| institution_category |
Local University |
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Universiti Kebangasaan Malaysia |
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UKM Institutional Repository |
| collection |
Online Access |
| description |
With a view to canvassing the principal potential problems in advising upon letters of credit, this article considers the following topics: (i) the documents of a typical credit transaction; (ii) the doctrine of autonomy; (iii) the doctrine of strict compliance and incidence of non-complying documents; (iv) the documents used to check letter of credit terms; (v) the types of fraud; and (vi) the level of burden of proof required in establishing fraud.
In particular, this article by looking at case law raises three questions. First, is the doctrine of strict compliance effective when in a majority of transactions the documents tendered are discrepant due to actual fraud and mere fraud? Secondly, what is the appropriate degree of burden of proof used by the courts to justify non-payment for standby credits given the case of perpetrating fraud there under? And lastly, what has caused the demise of the traditional bill of Lading to a more electronic mode of negotiability?
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| format |
Article |
| author |
Roslinda Mohamed Fadzil, |
| spellingShingle |
Roslinda Mohamed Fadzil, The effects of fraud/forgery on a letter of credit: an international perspective |
| author_facet |
Roslinda Mohamed Fadzil, |
| author_sort |
Roslinda Mohamed Fadzil, |
| title |
The effects of fraud/forgery on a letter of
credit: an international perspective
|
| title_short |
The effects of fraud/forgery on a letter of
credit: an international perspective
|
| title_full |
The effects of fraud/forgery on a letter of
credit: an international perspective
|
| title_fullStr |
The effects of fraud/forgery on a letter of
credit: an international perspective
|
| title_full_unstemmed |
The effects of fraud/forgery on a letter of
credit: an international perspective
|
| title_sort |
effects of fraud/forgery on a letter of
credit: an international perspective |
| publisher |
Fakulti Undang - Undang |
| publishDate |
2000 |
| url |
http://journalarticle.ukm.my/1627/ http://journalarticle.ukm.my/1627/ |
| first_indexed |
2023-09-18T19:33:51Z |
| last_indexed |
2023-09-18T19:33:51Z |
| _version_ |
1777405139967016960 |