Independent Principle and Documentary Nature of Independent Guarantees (Comparison of the New Bill of Trade law, the URDG 758 and UNCITRAL Convention)

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Khamei Zohre; FEYZI CHEKAB GHOLAMNABI

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Journal: Modern Technologies Law Year:2020 | Volume:1 | Issue:1 Page(s): 75-103

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Title

Independent Principle and Documentary Nature of Independent Guarantees (Comparison of the New Bill of Trade law, the URDG 758 and UNCITRAL Convention)

Author(s)

Khamei Zohre | FEYZI CHEKAB GHOLAMNABI | Issue Writer Certificate

Keywords

the principle of independence

the documentary nature of guarantees

independent guarantees

international rules

the new bill of Commercial law

Abstract

the principle of independence and the documentary nature are two essential features of the independent guarantee, considered as fundamental principles in the international regulations relating to these guarantees. Part of the provisions of the new bill of trade law in Iranian law relates to independent guarantees. Previously, the Bank Bid Guideline had issued about warranty law that, of course, could not replace the law. In this paper, the provisions of the new trade Law of 6/10/90 and URDG 758 and UNCITRAL convention, referring to these two characteristics and the guidelines and its comparison with the provisions of them, concluded that, while the new bill on trade is inadequate, the provisions of the bill regarding the reference to the principle of independence and the documentary nature arent in full compliance with international regulations and need to be reviewed further. For this reason, it is necessary to use policies such as observing the fundamental principle of the governorship of voluntariness, considering the international aspects of the independent guarantees, and aligning with the international regulations.

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APA: Copy

Khamei, Zohre, & FEYZI CHEKAB, GHOLAMNABI. (2020). Independent Principle and Documentary Nature of Independent Guarantees (Comparison of the New Bill of Trade law, the URDG 758 and UNCITRAL Convention). MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), 1(1 ), 75-103. SID. https://sid.ir/paper/372420/en

Vancouver: Copy

Khamei Zohre, FEYZI CHEKAB GHOLAMNABI. Independent Principle and Documentary Nature of Independent Guarantees (Comparison of the New Bill of Trade law, the URDG 758 and UNCITRAL Convention). MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW)[Internet]. 2020;1(1 ):75-103. Available from: https://sid.ir/paper/372420/en

IEEE: Copy

Zohre Khamei, and GHOLAMNABI FEYZI CHEKAB, “Independent Principle and Documentary Nature of Independent Guarantees (Comparison of the New Bill of Trade law, the URDG 758 and UNCITRAL Convention),” MODERN TECHNOLOGIES LAW (CONTRACT AND NEW TECHNOLOGIES LAW), vol. 1, no. 1 , pp. 75–103, 2020, [Online]. Available: https://sid.ir/paper/372420/en

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