Import Financing Legal Issues. Sight Letter Of Credit

Advance against inward bills as one of ways for importers apply for short-term financing has been used in international trade widely in our country. As content of Advance against inwards bills are concerned, agreement on advance against inward bills between importers and banks and trust receipt are two important files.In our commercial practice, we are lack of regulations on this issue, on the legal nature of Advance against inward bills, there are series of opinions in field of this theory and practice, such as opinion of ownership, opinion of mortgage, opinion of lien and 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. This dissertation tries to analyze these opinions and elicit a re-interpreted opinion of sicherungsuebereingung.On the basis of learning from practice and oversea theory researches, bring forward author's suggestions, looking forward to defining the nature of Advance against inward bills roundly. At the same time, the other import issue is the basis of the Trust receipt. During the operation of Advance against inward bills, although after the issue of《Trust Law》,this issue can be resolved to some extent. As the defects in this code, banks can be the undertakers of legal risk if only using the Trust receipt as the unique tool to protect their rights. In this dissertation, the author tries to introduce theories and practice of the legal system of Britain and American and related the system of guarantee, put forward the private theory construction, at the same time, some suggestions are given to《rust Law》. This dissertation has four chapters. The nature of Advance against inward bills get the enough discussion, on the issue of Trust Receipt, the author put the emphasis on the introduce of the theory and practice in legal system of Britain and American and so on. On the basis of analyze and comparison, put forward the private opinion.The main content are as follows: In Chapter 1 ,the author talks about the origin of Advance against inward bills and, some basic conceptions in Advance against inward bills, basic process of Advance against inward bills, the status of Advance against inward bills in our country. In Chapter 2, the author introduces the different opinions in theory, analyses and compares the theories above. In this part, the author put the emphasis on the analysis of the bill of loading. In Chapter 3, as to the basis of the Trust receipt, the author put the emphasis on legal barrier under the active legal system to the banks in the Advance against inward bills. In order to understand the original idea of the Trust receipt, the author compares the Trust receipt to the related system in detail. In Chapter 4, the author explains the nature of Sicherungsuebereingung from the a new angel , and on the basis of Trust receipt, learn from the method of the attribute of formal recognition in Taiwan. At the end, the author brings forward the private opinion. In the word, the author tries to define the nature of the Advance against inward bill and the basis of the Trust receipt. The aim is to bring forward the favourable countermeasures and suggestions. However, due to the limit of the author's ability, it is certain that there are some defects in this dissertation. The author wants to get the instructions from the specialists and readers.