Basic legal analysis of the letter of credit in Serbian law

In the law of the Republic of Serbia, there is special regulation on the letter of credit. However, certain legal problems still exist. The main problems are: the lack of a more complete legal definition of the letter of credit; using the same terms in different contexts with different meanings; und...

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Main Author: Hajduk Vojnić Mario
Format: Article
Language:English
Published: Faculty of Law, Niš 2019-01-01
Series:Zbornik Radova Pravnog Fakulteta u Nišu
Subjects:
Online Access:https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2019/0350-85011982283H.pdf
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author Hajduk Vojnić Mario
author_facet Hajduk Vojnić Mario
author_sort Hajduk Vojnić Mario
collection DOAJ
description In the law of the Republic of Serbia, there is special regulation on the letter of credit. However, certain legal problems still exist. The main problems are: the lack of a more complete legal definition of the letter of credit; using the same terms in different contexts with different meanings; undeveloped regulation on the notification on the opening of a letter of credit; and the issue whether the basic legal relations in the letter of credit are independent relations. This paper examines the basic issues and the institutes of the letter of credit. The starting position is that any legal transaction involving a letter of credit, content-wise, entails the same obligation to pay out the amount specified in the letter of credit, that the basic legal relations in the letter of credit are interdependent relations, and that the legal nature of the letter of credit is unique. The paper also points to the problems encountered in different conceptions on the basic issues pertaining to the letter of credit.
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spelling doaj.art-d38b4f8f49eb45c38eefb4b7c3bb50bd2022-12-21T19:29:21ZengFaculty of Law, NišZbornik Radova Pravnog Fakulteta u Nišu0350-85012560-31162019-01-0158822833040350-85011982283HBasic legal analysis of the letter of credit in Serbian lawHajduk Vojnić Mario0Univerzitet u Novom Sadu, Pravni fakultetIn the law of the Republic of Serbia, there is special regulation on the letter of credit. However, certain legal problems still exist. The main problems are: the lack of a more complete legal definition of the letter of credit; using the same terms in different contexts with different meanings; undeveloped regulation on the notification on the opening of a letter of credit; and the issue whether the basic legal relations in the letter of credit are independent relations. This paper examines the basic issues and the institutes of the letter of credit. The starting position is that any legal transaction involving a letter of credit, content-wise, entails the same obligation to pay out the amount specified in the letter of credit, that the basic legal relations in the letter of credit are interdependent relations, and that the legal nature of the letter of credit is unique. The paper also points to the problems encountered in different conceptions on the basic issues pertaining to the letter of credit.https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2019/0350-85011982283H.pdfcontract on opening a letter of creditnotification on opening a letter of creditlegal relationslegal natureletter of creditbanking service
spellingShingle Hajduk Vojnić Mario
Basic legal analysis of the letter of credit in Serbian law
Zbornik Radova Pravnog Fakulteta u Nišu
contract on opening a letter of credit
notification on opening a letter of credit
legal relations
legal nature
letter of credit
banking service
title Basic legal analysis of the letter of credit in Serbian law
title_full Basic legal analysis of the letter of credit in Serbian law
title_fullStr Basic legal analysis of the letter of credit in Serbian law
title_full_unstemmed Basic legal analysis of the letter of credit in Serbian law
title_short Basic legal analysis of the letter of credit in Serbian law
title_sort basic legal analysis of the letter of credit in serbian law
topic contract on opening a letter of credit
notification on opening a letter of credit
legal relations
legal nature
letter of credit
banking service
url https://scindeks-clanci.ceon.rs/data/pdf/0350-8501/2019/0350-85011982283H.pdf
work_keys_str_mv AT hajdukvojnicmario basiclegalanalysisoftheletterofcreditinserbianlaw