중국 내의 신용장 함정조항의 유형 및 그 대책에 관한 연구

A Study on the Types and Measures of Letter of Credit Soft Clauses in China

This paper intends to study the types and countermeasures of soft clauses in letters of credit in China. Soft clauses in letter of credit mean clauses in the documentary credit which make it impossible for the beneficiary to meet the conditions of the documentary credit on his own and independently of the buyer completely. There are four main kinds of soft clauses in letter of credit operation. They include the soft clauses in relation to effectuating L/C, checking goods, shipping goods, and paying the price etc. For example, this letter of credit is not operative until we advise price, name of vessel, destination and final documentary requirements by way of amendment. There are several countermeasures of soft clauses in letters of credit. They include the prudent writing of an international sales contract, the elimination and the amendment of soft clauses, the thorough credit check, the choice of good banks and buyers.