信用狀去來의 實際와 法理論

A Study on the Practice for the Credit Transaction and the Legal Character of the Letter of Credit

This study is primarily concerned with an aspect of international commerce, namely payment. When the buyer and seller have made contact and have reached agreement on a specific transaction, they will have to arrange how payment is to be made The object of the documentary credit is to simplify such payment by making used of the financial expertise and the creditworthiness of one or more banks. It differs from other methods of payment in that it offers both buyer abd seller an means if security. The buyer derives his security from the documents he stipulates, the seller has the security that the presentation of perfect documents will them should be subject to the Uniform Customs, Documentary credit rests on a twofold foundation : Ⅰ. the Uniform Customs embodied in the agreement, Ⅱ. customary practice. In this paper I propose to discuss the relationships which arise between the various parties concerned with the documentary credit The following parties are involved : 1. the applicant for the credit(also the buyer) : be followed by payment With only an occasional exception, every documentary credit which is isssued is subject to the Uniform Customs and Practice for Documentary Credit’, drawn up by the International chamber of Commerce. This state of affairs is founded not on statutory provisions, but on the fact the banks and banker’s associations in the participating countries have undertaken to ensure that the documentary credits issued by 2. the beneficiary (also the sellers) ; 3. the issuing bank. In chapter Ⅰ, I deal with the legal character of the credit. In chapter Ⅱ, I discuss the principle for the credit transaction. In chapter Ⅲ, the bank’s obligations towards the applicant for the credit is disscussed. In chapter Ⅳ, the relationship between the bank and the beneficiary is discussed.