Comparative study of the guarantee of violation of the condition of opening the documentary credit contained in international commercial sale from the perspective of Iranian law and the Convention on the International Sale of Goods

Although the validity of the documents from the point of view of the parties to the transaction is in line with the payment of the price and delivery of the transaction documents; However, there will be no conciliation on the nature of the unit of credit opened and the condition of opening the lease on the underlying transaction. In some contracts, the performance of the obligation does not occur once to oblige the abstainer to perform the obligation by going to court or arbitration; Rather, the execution of a commitment is continuous and composed of several intertwined and complex commitments; In such a way that in case of opening a letter of credit, the customer must refer to the bank and complete the letter of credit opening application form and deliver it to the bank. In this regard, the first issue is the customer referring to the bank and completing the application form Consequently, the letter of credit issued by the bank (according to the abstract and independent description of the letter of credit) with the agreement of the parties, is another obligation of the customer and the next issue. In principle, banks do not issue and open letters of credit without obtaining sufficient documents and guarantees, so the customer must provide sufficient guarantees to the bank to open letters of credit and make their arrangements. The fulfillment of such complex, continuous and complex obligations, if not at the will of the customer, is not able to be performed correctly and in an acceptable manner by the obligor. The present article examines the jurisprudence and legal system of Iran, the International Convention on the Sale of Goods seeks to respond to the guarantee of violation of the condition of opening the LC in the basic transaction.