Requirement of original insurance doc.

Yahya · Post by **Yahya** » Fri Mar 19, 2004 12:00 am

We are sometimes presented docs titled ''Free Translation original'' (especially for insurance docs)
Would you accept this doc as a true original for the requirement of an original insurance doc.?
pls consider that the doc.is already ok.under ART 20 of UCP and there is no attached doc.in the local langauge.

Yahya
Best Regards,

JudithAutié · Post by **JudithAutié** » Mon Mar 22, 2004 12:00 am

Without any responsibility on my side and for discussion only, my thoughts are as follows :

I have never seen such a document, but I suppose that the basic question would be whether or not such a document could fulfill the function of the required document. In other words, would a "free translation original" of an insurance certificate enable the holder to lodge a valid claim? Would a "free translation original" of a certificate of origin be acceptable to the customs authorities.

This, of course, is looking at the question purely in a pragmatic manner, without any legal implications which would have to be taken into account.

What do others think?
Judith

NigelHolt · Post by **NigelHolt** » Mon Mar 22, 2004 12:00 am

I do not feel able to comment with the v limited info available.

Yahya · Post by **Yahya** » Mon Mar 22, 2004 12:00 am

Judith,
Thanks for your comment,your explanation about my query is completely correct.My question is as to whether an insurance doc titled ''free translation original'' could enable the holder to make a claim or not.

Yahya

larryBacon · Post by **larryBacon** » Mon Mar 22, 2004 12:00 am

Yahya,

if you translated a 100 dollar bill into Turkish, do you think the translation would be worth $100 ?

It's the same with a translation of an insurance cert. or B/L or C/O etc. The document of value is the original, regardless of its language. Translations or copies are merely pointers to the original.

Laurence

Yahya · Post by **Yahya** » Tue Mar 23, 2004 12:00 am

I have spoken to the insurance company,they said that their insurance
docs are normally prepared in Turkish, for the requirement of presentation under L/C's.They had to translate them from Turkish into Eglisch to satisfy the L/C's requirement.
and they are keeping the ins.doc.in Turkish at themselves .
Consequently,I doubted that if the exporter did not have the real org.which is in Turkish
then it might have caused the importer may be unable to claim under the translated insurance doc.form.

So it is ok. I shouldn't have been so doubtfull! 100 dollar bill is 100 dollar bill in Turkish or Englisch !!!
Thank you,
Yahya

larryBacon · Post by **larryBacon** » Tue Mar 23, 2004 12:00 am

There are two possible options here :

1. The Turkish insurance co. translates the certificate into English and issues it as an original insurance cert. This will be acceptable under UCP.
2. The Turkish insurance cert. is translated into English and that translation alone is presented as part of the docs required under the LC. It may or may not be apparent that it is a translation. If it is apparently a translation, it would not be acceptable under UCP. If it is not apparent that it is a translation, it may be acceptable if it satisfies the other requirements pertaining to insurance certs under UCP.

Laurence
[edited 3/23/2004 5:58:33 PM]