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在国际贸易支付中,跟单信用证是最主要的结算方式。调整信用证的国际惯例是国际商会1993年版的《跟单信用证统一惯例》,根据该惯例的规定,信用证是指一项约定,根据此约定开证行在符合信用证条款的条件下,凭规定单据向受益人或其指定人进行付款、承兑并支付受益人的汇票或授权另一银行付款、承兑并付款或授权另一银行议付。因我国法律对信用证结算过程中银行各类融资的担保方式都没有具体的规定,而《跟单信用证统一惯例》也未对此做统一规定,所以目前国内法院在审理信用证案件中常对相同的法律纠纷作出不同的判决。本文将对信用证结算中的融资担保问题进行探讨。
In international trade payments, documentary credit is the most important settlement method. International practice to adjust the letter of credit is the International Chamber of Commerce in 1993, “the uniform practice of documentary credits,” according to the practice of the convention, the letter of credit refers to an agreement, according to the agreement issuing bank in line with the conditions of the letter of credit, Accept, pay and pay the beneficiary’s bill or authorize another bank to pay, accept and pay or authorize another bank to negotiate with the beneficiary or his designee on the prescribed documents. Because of the law of our country, there are no specific provisions on the ways of guarantee for all kinds of financing of banks in the process of the settlement of letters of credit. However, the Uniform Customs and Practice for Documentary Credits has not been uniformly stipulated. Therefore, at present, courts in our country often deal with credit cases The same legal dispute made a different verdict. This article will discuss the issue of financing guarantee in the settlement of letters of credit.