Carta de crédito

A carta de crédito é um dos instrumentos basilares do comércio internacional, como meio de providenciar ao comprador e vendedor de uma mercadoria, normalmente em países diferentes, um sistema para certificar a segurança de ambos. Consiste de uma carta endereçada pelo banco do comprador, aos custos do comprador, a um vendedor, autorizando-o a dispor de uma determinada quantia de dinheiro desde que se cumpram determinados termos e providenciando condicionalmente ou incondicionalmente o pagamento.

An open or sealed letter from a merchant in one place, directed to another in another place or country, requiring him that if a person therein named or the bearer of the letter, shall have occasion to buy commodities or to want money to any particular or unlimited amount, either to procure the same or to pass his promise, bill or other engagement for it, the writer of the letter undertaking to provide him the money for the goods, to repay him by exchange, or to give him such satisfaction as he shall require, either for himself or the bearer of the letter.

These letters are either general or special. The former is directed to the writer's friends or correspondents generally, where the bearer of the letter may happen to go; the latter is directed to some particular person. When the letter is presented to the person to whow it is addressed, he either agrees to comply with the request—in which case he immediately becomes bound to fulfil all the engagements therein mentioned—or he refuses, in which case the bearer should return it to the giver without any other proceeding unless the merchant to whom the letter is directed is a debtor of the merchant who gave the letter, in which case he should procure the letter to be protested.

The debt which arises on such letter in its simplest form is between the mandator and the mandant; though it may be so conceived as to raise a debt also against the person who is supplied by the mandatory.

When the letter is purchased with money by the person wishing for the foreign credit, or is granted in consequence of a check on his cash account or procured on the credit of securities lodged with the person who granted it, or in payment of money due by him to the payee; the letter is, in its effects, similar to a bill of exchange drawn on the foreign merchant. The payment of the money by the person on whom the letter is granted raises a debt or goes into account between him and the writer of the letter; but raises no debt to the person who pays on the letter, against him to whom the money is paid.

When not so purchased, but truly an accommodation and meant to raise a debt on the person accommodated, the engagement, generally is to see paid any advances made to him or to guaranty any draft accepted or bill discounted. In such case, the compliance with the mandate raises a debt, both against the writer of the letter and against the person accredited. The bearer of the letter of credit is not considered bound to receive the money; he may use the letter as he pleases and he contracts an obligation only by receiving the money.