Studies On Legal Nature Of Theadvance Against Inward Bills And The Legal Basis Of Trust Receipt

Advance against Inward Bills as one of ways for importers apply forshort-term financing has been used in international trade widely in our country .Ascontent of Advance against Inwards Bills are concerned., agreement on Advanceagainst Inward Bills between importers and banks and Trust Receipt are two importantfiles. In our commercial practice ,we are lack of regulations on this issue ,on the legalnature of Advance against Inward Bills, there are series of opinions in field of thistheory and practice ,such as opinion of ownership ,opinion of mortgage, opinion of lienand so on .Every opinion can explain some questions from their angels, to some extent,can explain the status of Advance against Inward Bills in our country now. However ,no one opinion can explain all the questions under present framework of law. Thisdissertation tries to analyse these opinions and learn from civil and oversea theoryresearchs ,bring forward author's suggestions, at the same time , looking forward todefining the nature of Advance against Inward Bills roundly . At the same time, the othe import issue is the basis of the Trust Receipt . 3During the operation of Advance against Inward Bills,although after the issue of《TrustLaw》,this issue can be resolved to some extent.As the defects in this code,banks can bethe undertakers of legal risk if only using the Trust Receipt as the unique tool to protecttheir rights.In this dissertation,the author tries to introduce theories and practice of thelegal system of Britain and Amercian and related the system of guarantee,put forwardthe private theory construction,at the same time ,some suggestions are given to 《trustLaw》. This dissertation has four chapters.The nature of Advance against Inward Bills getthe enough discussion ,on the issue of Trust Receipt, the author put the emphasis on theintroduce of the theory and practice in legal syetem of Britain and Americian and soon .On the basis of analyse and comparison, .put forward the private opinion .The maincontent are as follows: In Chapter 1, the author talks about some basic conceptions in Advance againstInward Bills and the origin of Advance against Inward Bills, the basic process ofAdvance against Inward Bills ,the status quo of Advance against Inward Bills in ourcountry. In Chapter 2, the author introduces the different opinions in theory, analyses andcompare the aboved theories ,.at the same time , about the issue of the law of guaranteein the Advance against Inward Bills , the author put the emphasis on the introduce ofthe chattel theory of Germany ,Japan,Hongkong and Taiwan . In Chapter 3, the author introduces the developemental course of Trust Receipt,as to the basis of the Trust Receipt, the author put the emphasis on legal barrier underthe active legal system to the banks in the Advance against Inward Bills. In order tounderstand the original idea of the Trust Receipt, the author compares the Trust Receiptto the related system in detail. 4In Chapter 4, the author analyses the aboved issues of the nature of Advanceagainst Inward Bills.and the basis of Trust Receipt, learn from the theory of TrustReceipt in England and American .At the end ,the author brings forward the privateopinion. In the word , the author tries to define the nature of the Advance againstInward Bill and the basis of the Trust Receipt. The aim is to bring forward thefavourable countermeasures and suggestions. However, due to the limition of theauthor's ability , It is certain that there are some defects in this dissertation .The authorwants to get the instructions from the specialists and readers.