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自从1997年《国内信用证结算办法》(以下简称《办法》)发布以来,国内证经历了从诞生之初的门可罗雀,到2007年市场逐渐关注,直至近年来备受追捧的戏剧性过程。期间,国内证领域发生了为数不多的诉讼案件,包括两类:一类是2007年莱芜案,涉及《办法》第二十八条与第七条的冲突性规定;另一类是2008年宁波系列案,涉及《办法》中议付的系列规定。本文将重点讨论后者中的一个,其对于国内证融资的影响,极其广泛且耐人寻味。
Since the issuance of the Domestic Letter of Credit Settlement (hereinafter referred to as the “Measures”) in 1997, the domestic card has undergone a glorious history from the very beginning of its birth to a market that has been gradually paying attention in 2007 and has been highly sought after in recent years. During the period, there were only a few lawsuit cases in the domestic card field, including two categories: the first case of Laiwu case in 2007, which involved the conflict between Article 28 and Article 7 of the Measures; and the other category was 2008 Ningbo series of cases, involving the “measures” to negotiate a series of provisions. This article will focus on one of the latter, its impact on domestic securities financing is extremely extensive and intriguing.