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friends,

we all know the however named theory is one of the important aspect of UCP. if we look at the UCP, the however named words have been mentioned in nine places; one in article two as a part of definition of credit and eight in seven transport article. interestingly these words are not included in commercial invoice and most importantly in article 14f, the only article that deals with other documents. though 14f says "if its content appears to fulfill the function of the required document", the term "fulfill the function" and 'content' is not defined. does it mean that for commercial invoice and other documents the title is important?

iLC

Dear ILC,
First of all, thanks for your analysis. I just so love it. This type of analysis is really a brainstorming one which helps us to analysis the situation from various perspectives. Doesn’t matter whether we reach in a firm solution or not, the work behind it is important. Last but not least, your insightful comments in any posting provide immense pleasure to my mind [personally].

Regarding title issue of other document under UCP 600 sub article 14(f) and commercial invoice under UCP 600 article 18 as follows:

My thinking:
I think the below ISBP paragraph will answer it:
41. Documents [Emphasis Added] may be titled as called for in the credit, bear a similar title or be untitled [emphasis added]. For example, a credit requirement for a "Packing List" may also be satisfied by a document containing packing details whether titled "Packing Note", "Packing and Weight List", etc., or an untitled document. The content of a document must appear to fulfil the function of the required document.

Here the word “Document” [emphasis added] is indicative one which refers to all documents including commercial invoice.

I agree some one raise an argument by referring the below ISBP paragraph that commercial invoice must be titled:

57. A credit requiring an "invoice" without further definition will be satisfied by any type of invoice presented (commercial invoice, customs invoice, tax invoice, final invoice, consular invoice, etc.). However, invoices identified as "provisional", "pro-forma" or the like are not acceptable. When a credit requires presentation of a commercial invoice, a document titled "invoice" will be acceptable.

One might be taken into consideration that the above paragraph indicates the possible course of action that a beneficiary can be chosen while presentation of invoice as per credit requirement.

The following logic one can take into consideration in favor of my argument:
If one look into ICC official opinion TA 606 then one will reach in the same conclusion. where analysis part of ICC refer to the ISBP paragraph 43 which is now ISBP paragraph 41 rather than ISBP (old) paragraph 59 which is now ISBP [new]paragraph 57.
Waiting for reply.
regards
nesar

good question and great answer. but title does play important role sometimes in determination of compliance. "pre-shipment inspection certificate" would be a good example.


i would also like to know what is the extent of the however named theory.

regd

shahriar