جستجوی مقالات مرتبط با کلیدواژه « اعتبار اسنادی تجاری » در نشریات گروه « فقه و حقوق »

In today's world, any society that wants to achieve increasing progress and greater prosperity has to exchange goods and services with other societies. But the dangers of trade in the international world have made it very difficult.

This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.

Ethical Considerations:

 In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.

Exporter and importer, both natural and legal persons living in different countries, due to insufficient knowledge of each other and the existence of many risks; They are concerned about the fulfillment of the provisions of the commitment and, consequently, the payment process.

Conflict of interest, unfamiliarity and unsafely caused some mechanisms exist. One of them is letter of credit that is most usable and popular. It provides the interests of buyers and sellers and decreases the risks.

The manner of payment and guaranty of obligations is of paramount importance in international contracts, and in international transactions, it is rare to find a contract that does not have a condition on the manner of payment and guaranty.
In this regard, commercial letter of credit is considered as of one the most common types of payment strategies in international contracts. Bank guarantees and stand-by letter of credit are also the most common strategies to ensure fulfillment of contractual obligations and in both the bank plays an important and active role.
In commercial letter of credit, the goods in question are given to the bank as collateral and the bank can sell them if the applicant fails to make the payment. However, the letter of guarantees may not include goods, hence the bank is deprived of the privilege of collecting its claims through the sale of goods. As a result, the bank runs the risk of not receiving its claims.
This feature, in which the bank is able to reimburse its claims through selling goods that are the subject of the sale contract, may be called «principle of self-liquidation«.
What will be examined in this article is the position and nature of this principle in letter of credit and the effects that flow from it.

The Letter of credit as a method of smoothing international payment is a conditional security and obligation to pay the customer bank (issuing bank) to seller (applicant). For this purpose, the letters of credit may be considered as the most usual method of payment of goods price in international trade. The classic form of letters of credit is the commercial letters of credit whose financial obligation is rooted in the documents that demonstrates the making of transaction by the beneficiary and it is used as a mechanism of payment and financial security in international transaction of goods. Contrary to commercial letter of credit which is a payment document, standby letter of credit has been taken into account for protection of beneficiary in case of default of payment to perform obligation or payment.Standby letters of credit are equal to bank guarantee and issued as performance and obligation security and in the form of letter of credit. This article with cmparison of commercial letter of credit and standby letter of credit is to review the similarities and differences of these two documents and the most important legal aspects of both are compared in order to answer this question that when and in which form each of these means are used in international trade by the parties.