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The notion of confidence, which is the basis of any commercial relationship, is of particular importance in matters of international commercial contracts. This need for security has given rise to two financial instruments of which one is more adapted to the interests of the buyer (contractual guarantee), and the other, to those of the vendor (documentary credit). In spite of these diverging purposes, both have as a common element the aim of strengthening the contractual relationship. It is the requirement of good faith as well as the individual interests of the parties which has lead to the creation of certain juridical instruments capable of ensuring fulfilment of the buyer's or seller's obligations, and which exist independently of the contract of sale itself. However, the fitularies of these rights cannot exercise them in an abusive fashion. In cases of fraud, the separate obligation assumed by a third party, such as a bank or an insurance company, ceases to exist autonomously. Any prestation normally owed may no longer be claimed if the court, rather than the bank (except in certain circumstances), so decides.