Izvorni znanstveni članak
https://doi.org/10.21857/94kl4cw1vm
Fraudulent transport documents under the UCP : Controversies and possible solutions
Časlav Pejović
orcid.org/0000-0003-0884-5297
; Faculty of Law, Kyoto University, Japan
Sažetak
There is an issue that has been neglected by all leading texts on the documentary
credits: deficiencies in the Uniform Customs and Practices on Documentary Credits
(UCP) provisions regarding transport documents. This text will attempt to demonstrate
that the UCP600 definition of ‘’clean’’ bill of lading and the effect given to
the ‘’said to contain’’ type of clauses involve two controversies: they contravene the
corresponding provisions of the legal regime governing carriage of goods by sea and
they may also contribute to documentary fraud. The primary objective of this paper
is to highlight the potential problems that may arise from the UCP in light of the risk
of documentary fraud arising from those discrepancies and will propose solutions of
those problems. The paper will conclude by taking a stance regarding the need to regulate
fraud in the next revision of the UCP.
Ključne riječi
documentary credits; transport documents; documentary fraud
Hrčak ID:
190227
URI
Datum izdavanja:
27.11.2017.
Posjeta: 2.154 *