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Credit Card Fraud Exception To The Principle Of A Number Of Issues To Study

Posted on:2007-04-08Degree:MasterType:Thesis
Country:ChinaCandidate:R YueFull Text:PDF
GTID:2206360212455627Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Fraud Exception of Letter of Credit was first created in the United States by the Sztejn case, and now it has been widely accepted by the other countries including China. At the end of 2005, the Supreme Court of China issued "Regulations on the Trial of Cases concerning Letter of Credit", which contains a lot of provisions about the Fraud Exception.The misuse of Fraud Exception in China occurred a lot and caused wide attention, emphasis has been put much to the study of this question.The following questions will be studied in this essay:1. creation of Fraud Exception of Letter of CreditAfter discussing the legal basis of the Fraud Exception, study the history of its creation.2. the material problem concerning the application of Fraud Exception (1)the types of fraud in Fraud Exception(2)the degree of fraud(3)the third party fraud(4)the protection of the bona fide third party3. the concrete problem concering the application of the Fraud ExceptionAt First, study the question of jurisdiction and the proper law, and then, study the key factors should be considered by the court when issuing injunction.4. the Fraud Exception and the right and obligation of the bank5. comment on the "Regulations on the Trial of Cases concerning Letter of Credit" of the China Supreme Court.
Keywords/Search Tags:letter of credit, fraud in letter of credit, fraud exception of letter of credit
PDF Full Text Request
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