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âLetters of credit with focus on the UCP 600 and the exceptions to the principle of autonomy with emphasis on the âfraud ruleâ under the laws of the USA, the UK and the RSAâMueller, Frank Roland Hans January 2013 (has links)
No description available.
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âLetters of credit with focus on the UCP 600 and the exceptions to the principle of autonomy with emphasis on the âfraud ruleâ under the laws of the USA, the UK and the RSAâMueller, Frank Roland Hans January 2013 (has links)
No description available.
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Letters of credit with focus on the UCP 600 and the exceptions to the principle of autonomy with emphasis on the âfraud ruleâ under the laws of the USA, the UK and the RSAMueller, Frank Roland Hans January 2013 (has links)
No description available.
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Letters of credit with focus on the UCP 600 and the exceptions to the principle of autonomy with emphasis on the âfraud ruleâ under the laws of the USA, the UK and the RSAMueller, Frank Roland Hans January 2013 (has links)
No description available.
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Letters of credit with focus on the UCP 600 and the exceptions to the principle of autonomy with emphasis on the “fraud Rule” under the laws of the USA, the UK and the RSAMueller, Frank Roland Hans January 2013 (has links)
Magister Legum - LLM
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Elektronický obchod z pohledu mezinárodního práva soukromého / Electronic commerce from a private international law perspectiveKurilova, Elena January 2016 (has links)
Electronic commerce from a private international law perspective The objective of this thesis is to study how the United Nations Convention on Contracts for the International Sale of Goods (CISG) is applied in the field of electronic commerce and compare it to the United Nations Convention on the Use of Electronic Communications in International Contracts in regard to the prevailing tendency to remove legal barriers to electronic commerce. The comparison is made in terms of geographic and material scope, forms of contract and how contracts are formed. An analysis of conditions and obstacles to the application of the CISG within the field of electronic commerce represents the core of the work. The thesis is based on the assumption that the Convention on the Use of Electronic Communications in International Contracts is an instrument which helps to overcome identified obstacles. The thesis formulates a conclusion on overcoming just one of the obstacles on the basis of the principle of technological neutrality, and it further demonstrates that the requirement of being in written form may remain an obstacle. As such, the thesis is a response to the question of why the Convention is signed and ratified by a relatively small number of states.
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Selective legal aspects of bank demand guaranteesKelly-Louw, Michelle 31 October 2008 (has links)
Bank demand guarantees have become an established part of international trade. Demand
guarantees, standby letters of credit and commercial letters of credit are all treated as
autonomous contracts whose operation will not be interfered with by courts on grounds
immaterial to the guarantee or credit itself. The idea in the documentary credit
transaction/demand guarantee transaction is that if the documents (where applicable) presented
are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do
not correspond to the requirements, the bank must not pay.
However, over the years a limited number of exceptions to the autonomy principle of demand
guarantees and letters of credit have come to be acknowledged and accepted in practice. In
certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored
by the bank and regard may be had to the terms and conditions of the underlying contract. The
main exceptions concern fraud and illegality in the underlying contract. In this thesis a great
deal of consideration has been given to fraud and illegality as possible grounds on which
payment under demand guarantees and letters of credit have been attacked (and sometimes
even prevented) in the English, American and South African courts. It will be shown that the
prospect of success depends on the law applicable to the demand guarantee and letter of credit,
and the approach a court in a specific jurisdiction takes.
At present, South Africa has limited literature on demand guarantees, and the case law
regarding the grounds upon which payment under a demand guarantee might be prevented is
scarce and often non-existent. In South Africa one finds guidance by looking at similar South
African case law dealing with commercial and standby letters of credit and applying these
similar principles to demand guarantees. The courts, furthermore, find guidance by looking at
how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how
the South African courts currently deal/should be dealing/probably will be dealing with the
unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D
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Selective legal aspects of bank demand guaranteesKelly-Louw, Michelle 31 October 2008 (has links)
Bank demand guarantees have become an established part of international trade. Demand
guarantees, standby letters of credit and commercial letters of credit are all treated as
autonomous contracts whose operation will not be interfered with by courts on grounds
immaterial to the guarantee or credit itself. The idea in the documentary credit
transaction/demand guarantee transaction is that if the documents (where applicable) presented
are in line with the terms of the credit/guarantee the bank has to pay, and if the documents do
not correspond to the requirements, the bank must not pay.
However, over the years a limited number of exceptions to the autonomy principle of demand
guarantees and letters of credit have come to be acknowledged and accepted in practice. In
certain circumstances, the autonomy of demand guarantees and letters of credit may be ignored
by the bank and regard may be had to the terms and conditions of the underlying contract. The
main exceptions concern fraud and illegality in the underlying contract. In this thesis a great
deal of consideration has been given to fraud and illegality as possible grounds on which
payment under demand guarantees and letters of credit have been attacked (and sometimes
even prevented) in the English, American and South African courts. It will be shown that the
prospect of success depends on the law applicable to the demand guarantee and letter of credit,
and the approach a court in a specific jurisdiction takes.
At present, South Africa has limited literature on demand guarantees, and the case law
regarding the grounds upon which payment under a demand guarantee might be prevented is
scarce and often non-existent. In South Africa one finds guidance by looking at similar South
African case law dealing with commercial and standby letters of credit and applying these
similar principles to demand guarantees. The courts, furthermore, find guidance by looking at
how other jurisdictions, in particular the English courts, deal with these issues. Therefore, how
the South African courts currently deal/should be dealing/probably will be dealing with the
unfair and fraudulent calling of demand guarantees/letters of credit is discussed in this thesis. / Jurisprudence / LL.D
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