التنفيذ الالكترونى للاعتماد المستندى
- سنة النشر: 01 Jan 1970.
- عدد مرات التحميل: 502882 مرّة / مرات.
- تم نشره في: الإثنين , 14 ديسمبر 2015م.
وصف الكتاب:
Summary Through this study, I try to shed light on the documentary credit carried out by electronic devices. The idea of documentary credit is based on making the bank play the role of a mediator between the purchaser and seller. After concluding the sale contract, the role of documentary credit comes as a means for executing the contract, thereby a purchaser asks from a seller a group of documents representing in total carried goods or goods ready for carriage. The bank shall, upon the credit, receive documents from the seller and make sure of their safety and conformity to the purchaser conditions. After making sure of their safety, the bank deliver the price to the seller; and these documents enable the bank from executing on the goods if the master refrain from paying the goods price. Following the technological revolution witnessed by the world, banks shall change the method of dealing it follow; which resulted in computerization of banking operations, including primarily the documentary credit which remains keeping its basic rules in relation to issuance, documents presentation, and credit execution. However, due to electronic messages, the process of issuing credit, documents presentation, and credit execution has become done through the form of electronic means. Such new form is governed by the attachment of leaflet (600)of the Uniform Customs and Practice – UCP – (attachment of documents presentation). The usage of electronic method in documentary credit has lead to the multiplicity of systems which tried to provide their services to the seller and purchasers. Among of these systems, there are systems of Sidux, Bolero, and Commercial Card, besides Swift Company which includes a number of messages; among of them there are messages of documentary credit. This form which is imposed by electronic means has resulted in changing the document shape from standard to electronic. This new shape has raised various controversies, including: controversies related to the validation of such document, and other controversies associated with attacking the safety of electronic data and the technical method for preventing such attack. The consequence of using technological means was represented in what is known as ”Electronic Bill of Lading”. Inquiries were placed in terms of the effect of using electronic bill of lading on standard means of bill of lading, and whether the data which shall be checked in electronic bill of lading is different from the same which shall be examined in standard electronic bill of lading, as well as the attitude of international laws and conventions towards using the electronic bill of lading. In order to complete the process of documentary credit electronically, it was necessary to address the new methods of payment. In spite of the fact that these methods were not regulated by the Uniform Customs and Practice, yet I tried to point out to such methods as well as the necessity to enact provisions for them, particularly after issuing an attachment of the electronic presentation of documents. Among these methods, there is the electronic transfer of money via swift network, electronic cheque, and credit card. Despite all the above, this study was divided into two chapters preceded with an introductory section and a preface. In the introductory section, I addressed the general provisions of documentary credit and their impact on technological development. Then it is followed by the first chapter which is divided into two sections. The first section of first chapter includes letter of credit and its role in defining the documents which shall be presented, while the second section deals with the issues relevant to electronic documents as well as the general principles governing documents examination. With regard to the second chapter, it is also divided into two sections; the first of them approaches the examination of main documents, while the second section discusses how to execute the credit. The study concludes with a prologue involving the results and recommendation reached by the researcher.
