A Study Of The Legal Problems Related To The Soft Clause Of The Letter Of Credit

The letter of credit has already become one of the most important means of payment of international trade, harmony to promote international trade, but letter of credit abstract principle and relevant legislation deficient independently, make the letter of credit have various risks in the course to use, the soft clause question is a typical one among them. The soft clause of the letter of credit is endangered enormously, makes trade both parties' rights and obligations in extremely uneven status, has damage the beneficiary's interests, has threatened the letter of credit as the superiority of means of payment. However, there is no authoritative view or convention regarding the unity of this question can be followed both at home and abroad at present, this undoubtedly brings a great deal of inconvenience to international trade.The gentle concept from the soft clause of the letter of credit, production reason are set about, has done the all-side introduction and explained to the soft clause question, and on putting legal property, the form of expression in the soft clause of the letter of credit, the final goal in research of this text is to propose some suggestions through the above-mentioned analysis, at the same time, in order to offer for improving the soft clause of letter of credit of our country and legislating and consult and propose relevantly, offer beneficial reference for foreign trade company and bank.Gentle in research of the soft clause of the letter of credit, various theories and views that it is relatively domestic and international that synthesize, combine relevant cases and commercial practice, use methods such as systematic science, comparative study,etc, make every effort to have a more overall discussion to the soft clause risk of the letter of credit, has carried on the law science theory and discussion that had of practical operation to the legal question of soft clause of the letter of credit. Classify and take precautions against and relieve and give the multi-level, system research of manyangle, many method to letter of credit soft property, discernment of clause.This text is divided into four seals altogether. Chapter one introduces the basic theories and the reason of the soft clause. Chapter two is put to the soft clause appearing in international trade into different categories, find out the soft clause discernment method of the letter of credit. Puts forward my own view after chapter three recommends asserting to the soft clause properties of the letter of credit of researcher at present. Chapter four proposes strick precaution method and legislation of system of letter of credit of the soft clause of the letter of credit improve the suggestion according to the current situation of international trade.