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跟单信用证,是由银行以自身的信誉向卖方提供付款保证的一种凭证,它作为国际经济贸易的一种资金融通工具,已有一百六十多年的历史.我国的对外贸易结算方式主要也是采用信用证的形式.近几年来,我国人民法院审理的涉外、涉港澳经济纠纷案件中,有许多是信用证纠纷,有部分案件涉及到信用证问题.由于信用证的法律关系比较复杂,而且各国主要是以国际惯例进行调整,基本上无国内法可依,因此,在处理涉及信用证案件时,需要我们认真研究国际惯例和世界上一些著名案例,以资借鉴.本文主要分析信用证的法律特征及有关的几个法律问题.
Documentary letters of credit, by the bank to its own credibility to provide payment guarantees a voucher, as a international financial and economic instruments of financial instruments, has more than 160 years of history. China's foreign trade settlement In the recent years, many of the cases concerning foreign economic disputes involving Hong Kong and Macao handled by the people's courts of our country have been disputes on letters of credit, and some cases involve the issue of letters of credit. Since the legal relationship of letters of credit Complex, and countries are mainly based on international practice to adjust, basically no domestic law, therefore, in dealing with cases involving letters of credit, we need to carefully study the international practice and some famous cases in the world, to draw lessons from. Legal Features of Letter of Credit and Several Legal Issues Related to It.