Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention

 

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dc.contributor.advisor Bradfield, Graham en_ZA
dc.contributor.author Ngoma, Wilson en_ZA
dc.date.accessioned 2015-11-21T09:38:03Z
dc.date.available 2015-11-21T09:38:03Z
dc.date.issued 2015 en_ZA
dc.identifier.citation Ngoma, W. 2015. Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention. University of Cape Town. en_ZA
dc.identifier.uri http://hdl.handle.net/11427/15192
dc.description.abstract The aim of this dissertation is to recommend an alternative approach to the fraud exception in South African law. The Current South African position as with the English law, places more weight on upholding the sanctity of the autonomy principle in letters of credit than preventing fraud. This is mainly because the courts have traditionally taken the view that protection of the autonomy principle is central to promoting the needs of trade and maintaining the integrity of the international banking community. Hence, this dissertation argues that an approach to the fraud exception in South African law that is more in line with that of the American law and/or the UNCITRAL Convention strikes a better balance in upholding the value of letters of credit and combatting fraud than the current South African position. Based on the comparative analysis of the position in the United Kingdom, United States of America and under the UNCITRAL Convention, the dissertation seeks to draw upon important lessons and principles pivotal to a preferable approach to the fraud exception in South African law that would enhance a better balance between the autonomy arguments and deterrence of fraud. en_ZA
dc.language.iso eng en_ZA
dc.subject.other Commercial Law en_ZA
dc.title Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention en_ZA
dc.type Master Thesis
uct.type.publication Research en_ZA
uct.type.resource Thesis en_ZA
dc.publisher.institution University of Cape Town
dc.publisher.faculty Faculty of Law en_ZA
dc.publisher.department Department of Commercial Law en_ZA
dc.type.qualificationlevel Masters
dc.type.qualificationname LLM en_ZA
uct.type.filetype Text
uct.type.filetype Image
dc.identifier.apacitation Ngoma, W. (2015). <i>Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention</i>. (Thesis). University of Cape Town ,Faculty of Law ,Department of Commercial Law. Retrieved from http://hdl.handle.net/11427/15192 en_ZA
dc.identifier.chicagocitation Ngoma, Wilson. <i>"Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention."</i> Thesis., University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015. http://hdl.handle.net/11427/15192 en_ZA
dc.identifier.vancouvercitation Ngoma W. Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention. [Thesis]. University of Cape Town ,Faculty of Law ,Department of Commercial Law, 2015 [cited yyyy month dd]. Available from: http://hdl.handle.net/11427/15192 en_ZA
dc.identifier.ris TY - Thesis / Dissertation AU - Ngoma, Wilson AB - The aim of this dissertation is to recommend an alternative approach to the fraud exception in South African law. The Current South African position as with the English law, places more weight on upholding the sanctity of the autonomy principle in letters of credit than preventing fraud. This is mainly because the courts have traditionally taken the view that protection of the autonomy principle is central to promoting the needs of trade and maintaining the integrity of the international banking community. Hence, this dissertation argues that an approach to the fraud exception in South African law that is more in line with that of the American law and/or the UNCITRAL Convention strikes a better balance in upholding the value of letters of credit and combatting fraud than the current South African position. Based on the comparative analysis of the position in the United Kingdom, United States of America and under the UNCITRAL Convention, the dissertation seeks to draw upon important lessons and principles pivotal to a preferable approach to the fraud exception in South African law that would enhance a better balance between the autonomy arguments and deterrence of fraud. DA - 2015 DB - OpenUCT DP - University of Cape Town LK - https://open.uct.ac.za PB - University of Cape Town PY - 2015 T1 - Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention TI - Towards a more flexible approach to the fraud exception in letters of credit under South African law: a comparative analysis with select common law approaches and the UNCITRAL Convention UR - http://hdl.handle.net/11427/15192 ER - en_ZA


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