Analysis On The Case Of Disputes Over Import Negotiation Under The Letter Of Credit Among A Bank And A Company

As one of the main methods of international trade finance,L/C plays an important role in international trade.Court in the letter of credit dispute cases,only the "Uniform Customs and Practice for Documentary Credits" and the "Provisions of the Supreme People's Court on Certain Issues Concerning the Trial of Letters of Credit Disputes"can be applied.It is difficult for us to resolve the issues involved in the above-mentioned within the legal framework.Theoretical circles and practical circles have disputes over the basic legal issues such as the legal nature and legal validity of bills of lading and trust receipts involved in the dispute.By nanjing bank Shanghai branch and Shanghai municipal agricultural property companies to import trade dispute as the breakthrough point,in combination with the related theory and different court for the case of a magistrate reason,the three dispute focuses on the case are analyzed:Whether the issuing bank has enjoyed the pledge of the bill of lading obtained through the import bill payment business;whether the trust receipt has the legal effect of causing the change of ownership;and whether the guarantor can be exempted from the guarantee responsibility due to the act of releasing a disputed bill of lading.In this regard,except that the owner of the goods may claim ownership of the bill of lading on the basis of the bill of lading,other bill holders should rely on the contractual agreement as to whether the bill of lading enjoys the right to pledge the bill of lading.In the trust receipt,the ownership of the goods under the transfer document is given to the bank,and the agreement to guarantee the realization of the bank's creditor's rights cannot have the legal effect of causing the change of ownership,but the bank can enjoy the priority of the goods under the bill of lading(the priority cannot against a third person of good will).In the import bill payment business,the act of issuing bills by bank depositors is a banking transaction practice and is also a means by which the bank guarantees the debts.The guarantors who undertake the guarantee responsibilities are not exempted from the guarantee responsibilities due to the act of releasing a disputed bill of lading of the bills bankers.Our country's legal system lacks provisions on the legal system of letters of credit.This has caused importers and the banking industry to encounter legal risks that are hard to predict in transactions.Courts will also encounter difficulties in handling related cases.Therefore,it is imperative to accelerate the legislation on the letter of credit system and related peripheral systems.