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Cash against documents in International Trade Law

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2011
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Abstract (EN)

One of the basic performances in international sale contract is ?payment?. There are different types of payment methods in international trade law. Besides Letter of Credit ?Documents against payment? has an important place not only in Turkish export trade law but also in international business area.There is no current law arrangement about this payment method for all nations in international trade law. Therefore some organization have aimed to fill this legal loophole. One of this organizations is ?International Chamber of Commerce?. This organization has aimed international trade to be tied with uniform rules. Therefore it has published some brochures. It has prepared and published ?Uniform Rules for Collections? shortly called as URC 522 related documentary collections. Last revision was done in 1995. This brochure?s aim is to ensure common understanding and common language, and to be conducted more faster, guaranteed and easier of international trade.There are no special legal arrangement about this subject in Turkish legal system. Therefore, the actors who want to make export-import is mostly use the documents published in the brochure no URC 522.Parties of international trade can ensure application of the uniform rules called as URC 522 to their sales contracts. At the contrary case, uniform rules for collections is not applied. About this case, applicable law rules of ?Private International Law? has to be determined to according contract. In such case, nations? law regulations appear to effect in international trade. Uniform rules does not applicable per se.Existance of uniform rules in international trade is important and necessary for reducing possible problems.

Author

Ersan Atalay

How to Cite

Ersan Atalay (Doctorate thesis). Cash against documents in International Trade Law, 2011, Yeditepe University.

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