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Researchs Of Relevant Legal Problems On Bank Examining Under Documentary Letter Of Credit

Posted on:2010-11-08Degree:MasterType:Thesis
Country:ChinaCandidate:C HuFull Text:PDF
GTID:2166360275457115Subject:Economic Law
Abstract/Summary:PDF Full Text Request
Letter of credit (L/C), which makes the trade credit substituted by the bank credit, is the most common mode of payment in international trades, offering the opportunities of financing for both buyer& seller and honored as the blood of international trades. In the trades under L/C, the issuing bank assumes the obligation to pay the draft to the beneficiary when the beneficiary offers the document that is consistent with the relevant requirements of L/C. For L/C, bills are the core of interest carriers, while banks are the most important concerned subject. In the practice, the bone of contention of L/C always centralizes in the examinations of the bills. Therefore, the research on the banks'bill examinations has important significance in theory and practice. Basing on the elements of examining, the author takes the examining problems in L/C field as the object of the research and makes full analysis on the subject, standard, time, bill, principles of bank examining etc in the thesis. By applying the research methods of the law explanations and contrasts and integrating the latest ISBP, UCP, domestic laws and relevant prejudications, the author also makes thorough research and analysis on relevant legal problems of the bills of L/C and how to avoid bank risks in the future international trades etc. practical problems.This thesis expatiates on the examining standards which should be followed by the qualified examining subjects systematically and describes the responsibilities when someone violates the examining obligations. Meanwhile, examining standards and principles, the difficulties of examining field, are also studied via the contrast of all kinds of different examining principles. What's more, starting with the unconformities of the bills, the author also makes proper researches on the understandings and applications of "Strict Compliance" principle to find out the perfect combination of law theories and trade practices in examining principles.The researches of this thesis will offer reasonable and legal examining basis and principles, protecting the benefits of the bank, the seller, the buyer etc. parties to the greatest extend.
Keywords/Search Tags:Letter of Credit (L/C), Bank, ExaminesStandard of The Documentary, "Strict Compliance"Principle, Risk
PDF Full Text Request
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