Legal Singularities of Standby and Commercial Letters of Credit
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Abstract
Letter of credit is one of the widely usable payments in international trade, especially when partners do not know each other very well. Both for beneficiary and payer letter of credit is the safest, convenient payment on condition, that beneficiary will present papers named in conditions of letter of credit to his bank (issuing bank). Letter of credit guarantees to applicant, that beneficiary will get money as soon as he will present papers to advising bank.
In this article legal singularities of standby and commercial letters of credit are analyzed within the valid laws of the Republic of Lithuania, as well as international banking customs and practice. The author analyzes the most relevant legal singularities of standby and commercial letters of credit: the Independence Principle of the letter of credit, exclusive documentary character of the letter of credit, possibility to use bill of exchange reimbursing letter of credit and the similarities and differences between the letter of credit and bank guarantees. The author characterizes advantages and disadvantages of the letter of credit and recommends the ways to eliminate those disadvantages.
In this article legal singularities of standby and commercial letters of credit are analyzed within the valid laws of the Republic of Lithuania, as well as international banking customs and practice. The author analyzes the most relevant legal singularities of standby and commercial letters of credit: the Independence Principle of the letter of credit, exclusive documentary character of the letter of credit, possibility to use bill of exchange reimbursing letter of credit and the similarities and differences between the letter of credit and bank guarantees. The author characterizes advantages and disadvantages of the letter of credit and recommends the ways to eliminate those disadvantages.
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
