FACTA UNIVERSITATIS
Series: Law and Politics Vol. 20, N
o
2, 2022, pp. 125-133
https://doi.org/10.22190/FULP2202125A
© 2022 by University of Niš, Serbia | Creative Commons License: CC BY-NC-ND
Review Paper
THE INTERPRETATION OF THE PRINCIPLE
OF STRICT COMPLIANCE IN LETTERS OF CREDIT
IN INTERNATIONAL COMMERCIAL LAW
UDC 347.74:339.72
339.542
Yunus Emre Ay
Antalya Bar Association, Turkey
Abstract. Letter of Credit (L/C) is a very popular payment method in international trade. The
issuing bank has the obligation to make payment if the document stipulated in a Letter of
Credit are presented. Under the strict compliance principle, any discrepancy in the documents
may be the reason for refusing payment. There are two different approaches to the
interpretation of the principle of strict compliance: literal compliance and substantial
compliance. In literal compliance, a slightest inaccuracy may be the reason for refusing
payment, which is not the case in substantive interpretation. The author provides an overview
of these two approaches, with specific reference to relevant case law and relevant provisions
of the UCP Rules and ISBP Rules governing this international trade matter. These
international rules and diverse case law offer opportunities for a more flexible and balanced
approach to the interpretation of strict compliance.
Key words: Letter of Credit, principle of strict compliance, literal compliance, substantial
compliance
1. INTRODUCTION
In international trade, the buyer and the seller are located in different countries and the
goods are transferred from the country of the seller to the country of the buyer. The seller
is reluctant to deliver goods without an assurance of payment. The buyer is reluctant to
make payment before the delivery of goods without the assurance that he shall get
commodities. Contracting parties are part of different legal systems. Moreover, various
factors, such as physical distance, between the parties, cultural differences, political risks,
and currency exchange restrictions, increase the lack of trust and uncertainty. Thanks to
Received March 18
th
, 2022 / Accepted May 4
th
, 2022
Corresponding author: Yunus Emre Ay, LLB, LLM (Prague), Attorney-at- law, Antalya Bar Association, Turkey.
E-mail: yunusemreay0@gmail.com