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A Study On Inward Documentary Bills Under Letter Of Credit

Posted on:2008-10-05Degree:MasterType:Thesis
Country:ChinaCandidate:Y Z ShaoFull Text:PDF
GTID:2166360215463239Subject:Law
Abstract/Summary:PDF Full Text Request
Inward Documentary Bills under Letter of Credit is one important financing which is provided by the bank for the importer. Along with the volume of import trade increasing, entry of the foreign bank, this service can obtain a more widespread development. But at present there is no laws and regulations about the problem of Inward Documentary Bills, also no integrity judicial interpretation. While when the bank operates this business, there is superficial contradiction between the bank practice operation and certain stipulations of the guarantee law of china. So when the disputes appeared, the bank faces guarantor's all sorts of counterplea to contradict, the traditional guarantor system is insufficient to protect the bank the benefit. The independent guarantee can solve the guarantee legal matte of Inward Documentary Bills. Therefore regarding the studying of this question, it will not only has the theory value, but also it is very important to our bank operating.This article has made the elaboration from four stratification planes to the Inward Documentary Bills legal matter:Chapter 1, Introducing the concept of the Inward Documentary Bills. We can draw a conclusion that the Inward Documentary Bills is the financial service which is provided by the issuing bank for the importer by researching the commercial bank definite about it. This chapter will give more comprehensive analysis about its legal characteristic through comparing reference similar service of international trade.Chapter 2, Through analyzing each commercial bank different operation progress, we can draws the conclusion: there is no complete standard about inward documentary bills. It is also an important reason for different judicial practice decision. It will give an analysis on legal risk about guarantee mechanism in operating.Chapter 3, Seeking the reason of risks in guarantee mechanism of operating. Analyzing the bank can get what rights from documents and goods under its controlling. Through the analysis we can drew that the Inward Documentary Bills need an effective guarantee mechanism to lower the bank's legal risk,that is Independent Guarantee mechanism.Chapter 4, Introducing the Independent Guarantee, the legal characteristic of it, and by analyzing the necessity and possibility of using Independent Guarantee in order to settle the risks of Inward Documentary Bills service. Maintains the bank credit property security and Maximum limit protects the bank benefit, make sure this business develop smoothly.
Keywords/Search Tags:Inward Documentary Bills, Trust Receipt, Independent Guarantee
PDF Full Text Request
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