I documenti di trasporto nelle operazioni di credito documentario

The PHD Thesis is designed to outline the features of the documentary credit and the its vital role in international sales of goods. After an analysis of the letter of credit process, the thesis mainly examines the principle of autonomy of the documentary credit from the underlying contract between the seller and the buyer. References will be made to the standard for examination of transport documents for a complying presentation in accordance with the requirementes of the credit and to the different approachs in the determination of compliance. Furthermore, this thesis seeks to analyse the specific issue of the “fraud rule”, as an exception to the principles of abstraction and autonomy of the letter of credit, in the light of the interpretation of the Courts and of the provisions of the UCP (Uniform Customs and Practice for Documentary Credits) about the documents compliance, tracing the development of the fraud inquiry in the Common and Civil Law countries.