The Legal Nature of the Beneficiary’s Rights and Obligations under Documentary Letters of Credit: A Juridical Analysis of Bank Commitments, Document Compliance, and Credit Implementation Mechanisms

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Authors: Benyagoub Abdenour
Cited by: 0

Abstract

Documentary letters of credit represent one of the most important instruments in international commercial transactions, ensuring a balance between the interests of buyers, sellers, and banks.This legal mechanism is based on strict compliance with documentary requirements, whereby the issuing bank undertakes to pay the beneficiary upon the presentation of documents that conform precisely to the terms and conditions stipulated in the credit.The beneficiary, in turn, bears a fundamental obligation to submit complete, accurate, and compliant documents within the prescribed time limits.This study examines the legal nature of the beneficiary's rights vis-à-vis the bank and analyzes the scope of the bank's corresponding obligations in both irrevocable and revocable documentary credits.It highlights the principle of independence of the letter of credit from the underlying sales contract and clarifies the legal consequences arising from documentary discrepancies, defects, or contradictions.Particular attention is given to the legal position of the beneficiary in cases where banks refuse payment due to non-conforming documents and to the extent of the bank's discretionary power in examining and accepting such documents.Furthermore, the paper explores the various methods of implementing documentary credits, including immediate payment, deferred payment, acceptance, and discounting, while also addressing the complex issue of determining the bank legally bound to the beneficiary in transactions involving multiple intermediary or correspondent banks.The study adopts a doctrinal legal approach supported by comparative jurisprudence and established banking practice, emphasizing the necessity of legal certainty, documentary rigor, and good faith in the operation of documentary credits.The findings underscore the pivotal role of banks in safeguarding transactional security while maintaining strict adherence to documentary compliance standards, except in cases involving proven fraud.

Fields of Study & Subjects

Law logistics and international trade European and International Contract Law Legal principles and applications

Publication details

Journal / source
Science Education and Innovations in the Context of Modern Problems
Volume
9
Issue
2
Pages
1–13
Publication date
17 January 2026