Study On The Pledge Of Bills Of Lading Under Letter Of Credit

As global economic integration deepens, the way of transportation and payment in the international trade is becoming more and more perfectly and unitized: shipping as a main way of transportation in international trade can’t be shaken; Letter of Credit has been adopted by a great majority of nations as the most important way of payment. So it is necessary for us to do more research on the circulation of Bill of Lading under the L/C.The pledge of B/L under L/C relates to not only the interest of the business parties in international trade, but also the interest of the carrier, the issuing bank who issues L/C basing on the applicant’s application, the negotiating bank who checks the B/L and pays for the seller.This thesis centres on the pledge of B/L under L/C, trying to give a reasonable explanation to the pledge of B/L under L/C by using common logic under legal relation of real right for reference, aiming to explore the controversial issues of the pledge of B/L under L/C and find out the way which theory and practice can be joined together.The first part of this thesis which is an overview of the pledge of B/L under L/C starts with introduction of the meaning、nature and characteristics of the pledge of B/L under L/C, clarifies the subject of the pledge of B/L under L/C——bills of lading, this part of the thesis also has an introduction of the two forms of the pledge of B/L under L/C.The second part of the thesis introduces the establishment conditions of the pledge of B/L under L/C from the parties the pledge of B/L under L/C, the consensus between the parties and the publicity of the right.The third part introduces the relevant legal relation in two forms of the pledge of B/L under L/C——the pledge between issuing bank and the applicant, the pledge between import bill advance bank and importer.The last part of the thesis discusses the conditions, ways and methods to realize the pledge of B/L in normal and special circumstances.