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THE FRAUD RULE IN THE LAW OF LETTERS OF CREDIT: A COMP...

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Release : 2003
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Book Synopsis THE FRAUD RULE IN THE LAW OF LETTERS OF CREDIT: A COMP... by : XIANG. GAO

Download or read book THE FRAUD RULE IN THE LAW OF LETTERS OF CREDIT: A COMP... written by XIANG. GAO. This book was released on 2003. Available in PDF, EPUB and Kindle. Book excerpt:

The Fraud Rule in the Law of Letters of Credit:A Comparative Study

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Release : 2002-01-01
Genre : Law
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Book Rating : 989/5 ( reviews)

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Book Synopsis The Fraud Rule in the Law of Letters of Credit:A Comparative Study by : Xiang Gao

Download or read book The Fraud Rule in the Law of Letters of Credit:A Comparative Study written by Xiang Gao. This book was released on 2002-01-01. Available in PDF, EPUB and Kindle. Book excerpt: "Dr. Gao finds the best provisions and practices in respect of the fraud rule in the United States, the United Kingdom, Canada, and Australia, and applies these standards to the reformulation of the fraud rule in the PRC. In the process be surveys the entire field of the fraud rule in the law of letters of credit in its substantive aspects, thus going deeper than mere banking law analyses and revealing, for the benefit of jurists everywhere, the fundamental legal issues that must underlie all sound judicial reasoning in the area. In more practical terms, this approach also allows judges to meet their essential responsibility - that of giving an answer when a case is put before them - with the widest and best possible degree of discernment."--BOOK JACKET.

The Law of Letters of Credit

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Author :
Release : 1991
Genre : Business & Economics
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Book Synopsis The Law of Letters of Credit by : John F. Dolan

Download or read book The Law of Letters of Credit written by John F. Dolan. This book was released on 1991. Available in PDF, EPUB and Kindle. Book excerpt: This treatise addresses all standby and commercial letter of credit problems and provides guidance through the case law under UCC Article 5. Establishing, amending, and terminating the letter of credit is discussed in detail.

Fraud in Letters of Credit Under English Law

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Release : 2018
Genre : Electronic books
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Book Synopsis Fraud in Letters of Credit Under English Law by : Zaid Aladwan

Download or read book Fraud in Letters of Credit Under English Law written by Zaid Aladwan. This book was released on 2018. Available in PDF, EPUB and Kindle. Book excerpt: According to many cases, it has been demonstrated that sellers with bad intentions have manipulated letters of credit system in many ways, including fraud. Thus, many legal jurisdictions have recognized the fraud exception rule. In order to apply such exception, some conditions must be met. Among these conditions, the bank,Äôs knowledge and a requirement of a clear evidence. Notably, the bank,Äôs knowledge is crucial, meaning that the establishment of the sole exception will depend upon the status of the bank,Äôs knowledge. Meaning that if the bank is aware of existing fraud, it is under a duty to refuse presentation. Otherwise, it should not. In turn, the establishment of clear evidence by the English courts is somewhat hard to achieve, consequently, such condition criticized often. Further, if the beneficiary himself commits the fraud, or has knowledge of the fraud, then the fraud exception rule will apply.1 This raises the question of whether the fraud exception should also bite where the fraud is committed by a third party but without the beneficiary,Äôs knowledge. From these facts, this chapter will try to analysis the status of the bank,Äôs knowledge and the hardship related to the clear evidence requirement in conjunction with the third-party fraud.

Standby and Commercial Letters of Credit

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Release : 2000-10-01
Genre : Business & Economics
Kind : eBook
Book Rating : 339/5 ( reviews)

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Book Synopsis Standby and Commercial Letters of Credit by : Brooke Wunnicke

Download or read book Standby and Commercial Letters of Credit written by Brooke Wunnicke. This book was released on 2000-10-01. Available in PDF, EPUB and Kindle. Book excerpt: Standby and Commercial Letters of Credit, Third Edition alerts you to current developments and discusses the recent UCP600, former UCP500, ISP98, UCC Article 5, and current trade practices and problems. The authors review letter of credit law and practices, helping to resolve concerns of applicants, beneficiaries, and issuers. This essential resource includes: Sample forms and clauses, procedures and checklists Current court cases and extensive Table of Cases What can happen to letters of credit in bankruptcy and insolvency proceedings Fraud and injunction nightmares Cross-reference table UCP600 and UCP500 Strategies for bank reimbursement agreements Standby and Commercial Letters of Credit, Third Edition gives you immediate guidance when you need it most. And it supplies real-world letters of credit situations, with analyses of what was done right and wrong.

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