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我们倾向于认为,进口押汇就是一种单据及其货物抵押下的贷款,即存货抵押贷款。即期信用证下,出口商一旦出单,不管是否构成相符交单,均形成了未来应收账款或应收账款。我们认为,应收账款的对手是进口商,并不是开证行。应收账款的对手应该与结算方式无关,不管是信用证,还是汇款或托收,应收账款的形成,均基于基础合同中与交易对手的约定。信用证下,此应收账款只是多了一重开证行的单方面、有条件、确定性的付款担保而已。当然,信用证下的这一担保作用不同于一般的担保法意义上的担保,它已经与开证行的代理作用融为一体了。请注意,远期信用证下开证行承诺到期付款之后
We tend to think that the import bill is a document and its loan under the mortgage of goods, namely the stock mortgage loan. Under the current letter of credit, exporters once out of the bill, regardless of whether it constitutes a complying presentation, have formed the future accounts receivable or accounts receivable. We believe that the opponent of accounts receivable is the importer, not the issuing bank. The accounts receivable opponent should have nothing to do with the settlement, whether it is a letter of credit, remittance or collection, the formation of accounts receivable, are based on the underlying contract with the counterparty agreement. Under the letter of credit, this accounts receivable is only one more unilateral, conditional, certainty payment guarantee reinsurance bank only. Of course, this guarantee role under the letter of credit is different from the guarantee in the sense of the general guarantee law, and it has integrated with the issuing bank’s agency role. Please note that the long-term letter of credit issued by the issuing bank after the due payment