MERICAN Journal of Public Diplomacy and International Studies www.
grnjournal.us convenience for the seller (contractor, contractor) who has agreed with the counterparty to make
a payment under a letter of credit. The letter of credit form of settlements is relatively common
in international practice, since in this case the letter of credit performs its main function, along
with the settlement, as well as the function of collateral. Its convenience lies in the fact that the
recipient of funds will be able to receive payments under the letter of credit by providing the
bank with a set of documents confirming the full fulfillment of its obligations to the payer of
funds.
At the moment, all the norms of settlements under a letter of credit represent the turnover of
certain documents in international practice, and this situation requires, first of all, Simplified
Rules of documentary letters of credit (hereinafter - Simplified Rules).
The CC (articles 796-803) and the Law "On Payments and Payment Systems" are regulatory
documents regulating relations arising in connection with the use of accounts in the form of
letters of credit on the territory of the Republic of Uzbekistan.
When calculating a letter of credit, the bank (issuing bank) that opened the letter of credit, at the
request of the client (payer) and in accordance with his instructions, undertakes to make a
payment if the recipient of funds or a person appointed by him submits documents and fulfills
other conditions stipulated by the letter of credit (part 1 of article 796 of the CC).
This definition makes it possible to distinguish the following features of a letter of credit:
letter of credit - a monetary obligation, the fulfillment of which is usually carried out on the
basis of the conditions for the provision of documents specified in the letter of credit;
is a letter of credit agreement based on a settlement agreement in the form of a letter of
credit, and the bank does not participate in the execution of this agreement. Such justification
is expressed, in particular, in the fact that the issuing bank is not obliged to verify the
compliance of the terms of the letter of credit with the agreement between the payer of funds
and the recipient of funds (beneficiary). Even the inauthenticity of the contract under which
the letter of credit was opened for payment does not lead to the validity of the letter of credit;
payment by letter of credit is made by the bank on its own behalf, but on behalf of the client;
payment by letter of credit is made by the bank at the expense of its own funds or the client's
funds;
the opening of a letter of credit and settlements under it create a single purpose of
transactions between different participants in credit and settlement relations [4].
Article 796 of the CC defines the subject, content and subjects of obligations arising from
settlements under a letter of credit.
In a broad sense, the payer of funds, the issuing bank, the recipient of funds and, as a rule, the
executive bank participate as subjects of credit obligations.
The basis for the occurrence of letter of credit obligations is the order of the payer of funds to
open a letter of credit to the bank serving it. Since the bank is connected with the payer through a
bank account agreement, if the form and content of the documents comply with the requirements
of the legislation, the bank has no right to refuse to perform this task.
The form of the client's order to the bank is issued in the form of an application for a letter of
credit. The application must contain all the information about the calculation. The letter of credit
application may specify the conditions for loading the goods at certain points, a ban on partial
payments, compliance with a certain method of shipment. The content of the order consists in the
issuing bank performing one or more actions for a third party in accordance with the instructions
of the payer of funds or in authorizing another bank (executive bank) to do so. The scope of such
actions is defined in article 796 of the CC as "making payments to the recipient of funds".