2014Open Access at Essex (University of Essex)Requires access

Nullities in Letters of Credit: Extending the Fraud Exception

AM Antoniou

Open publisher page 0 citations

Abstract

Reflects on whether the nullity exception in letters of credit should be extended to cover all fraudulently created documents, not merely those in which the beneficiary was aware of the fraud. Reviews the current operation of the fraud exception to the autonomy principle governing letters of credit, the need for beneficiaries to know of the fraud when a document is presented, and the position where a beneficiary innocently creates a null document. Details the arguments for and against extending the exception, and why financial institutions and international trade will benefit from doing so.

About this research paper

What this paper is about

Reflects on whether the nullity exception in letters of credit should be extended to cover all fraudulently created documents, not merely those in which the beneficiary was aware of the fraud. Reviews the current operation of the fraud exception to the autonomy principle governing letters of credit, the need for beneficiaries to know of the fraud when a document is presented, and the position where a beneficiary innocently creates a null document. Details the arguments for and against extending the exception, and why financial institutions and international trade will benefit from doing so.

Why it matters

A significance statement is not available in the OpenAlex record.

Key contribution

A contribution statement is not available in the OpenAlex record.

Method / approach

Method details are not available in the OpenAlex metadata.

Main findings

Findings are not separately available in the OpenAlex metadata.

Limitations

Limitations are not available in the OpenAlex metadata.

Applications

Application details are not available in the OpenAlex metadata.

Available abstract

Reflects on whether the nullity exception in letters of credit should be extended to cover all fraudulently created documents, not merely those in which the beneficiary was aware of the fraud. Reviews the current operation of the fraud exception to the autonomy principle governing letters of credit, the need for beneficiaries to know of the fraud when a document is presented, and the position where a beneficiary innocently creates a null document. Details the arguments for and against extending the exception, and why financial institutions and international trade will benefit from doing so.

Key concepts: Beneficiary, Letter of credit, Position (finance), Cover (algebra), Business, Autonomy, Law and economics, Actuarial science

Related papers

Back to paper searchBrowse research topicsOriginal source
Nullities in Letters of Credit: Extending the Fraud Exception — Research Paper | ScholarLens