Fraude en la realización de créditodocumentario y la elección de la acción penal en el derecho marroqui y comparado

Abstract

This article describes and analyzes the question of fraud in the documentary credit.Fraud is the only exception to the principle of the autonomy of documentary credit. And it is a corrective mechanism, that can defeat completely the fundamental principle of the autonomy of the documentary credit.It was found that most used techniques of fraud constitute classic common law crimes.Implementing legal measures to punish these crimes is possible in the courts of most countries. The case law on this point is very extensive.Ultimately, fraud is an exception to the credit autonomy, because its existence authorizes the banker, despite its irrevocable commitment, to refuse fraudulent payment.
DOI: http://dx.doi.org/10.15304/dereito.24.1.2397