التزام البنك بفحص المستندات و مطابقتها في الاعتماد المستندي.

Abstract

The Bank's obligation to examine the documents and to ensure that they are ostensibly identical to the conditions and specifications contained in the instructions of its client is one of the most difficult and precise obligations imposed upon it, it constitutes the essential element of documentary credit since the latter is dealt with solely on the basis of documents and not on the basis of the goods, therefore, this examination is the basic guarantee of the buyer ordering the direction of the beneficiary in which he can judge the extent of the implementation of the latter terms and conditions of the contract of sale, It also represents a guarantee to the bank because of the right of mortgage on the documents submitted to him to recover what he paid to the beneficiary in the event of the debtor's failure to pay or delay it.Therefore, the examining bank must ensure the apparent conformity of documents, which the order seeks based on the standard of international banking practices on the one hand, and on the other hand, it must also adhere to a set of principles during its examination, the most important of which is the rule of literal implementation through which the bank literally implements the customer’s instructions especially if the latter is clear and straightforward, It shall have no discretionary power to interpret, conclude, or even take account of any elements outside the contract of accreditation , the payment to the beneficiary is only for the presentation of identical documents that are fully and substantially identical to the terms of the accreditation, further, the accuracy and importance of the obligation to examine it raises a legal aspect that is primarily related to the responsibility of the bank in the breach of the implementation of this obligation in a correct and sound manner, both in the face of client and the commander or beneficiary, the decision to accept or reject the documents is dangerous in practice. Therefore, the banks must be issued for adoption or are involved in its implementation, taking into account the rules and principles that are subject to the examination of documents, that last is considered as the security valve and the only means to ensure the safety of the goods and the implementation of the beneficiary's obligations, the success or failure of the documentary credit process depends on a large extent on the success of the examination process and the bank's compliance with its obligations with accuracy and professionalism and ensuring that the documents conform to the requirements of the accreditation.