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信用证是国际贸易中普遍采用的结算方式。它因国际贸易的频繁和成熟而产生,因银行信誉的介入而被广泛接受,因电子信息技术的推动而日益迅捷。它把国际贸易买卖转化为单据化买卖,把应由卖方承担的付款义务转化为银行义务,既保障了买方能够迅速收到货款,又为买卖双方提供了融资便利,因而被称为“国际商业的生命液”。在信用证结算机制中,信用证的开立是非常关键的一个环节,因为它连接着贸易合同和信用证,承载着商业信誉向银行信誉的过渡。而由于开证银行取代卖方作为信用证项下第一付款人的身份,使得开证银行对开证担保尤为关注,开证担保中的法律问题也因此变得非常重要。
L / C is a commonly used settlement method in international trade. It is due to the frequent and mature international trade, which is widely accepted due to the bank’s credibility, and is getting faster and faster due to the promotion of electronic information technology. It transforms the trade of international trade into the purchase and sale of the documents, transforms the payment obligation which should be borne by the seller into the bank obligation, which not only ensures the buyer can receive the payment quickly but also provides the financing convenience for both buyer and seller, thus it is called “International Business Life of liquid. ” In the letter of credit settlement mechanism, the opening of the letter of credit is a crucial link, because it is connected with the trade contracts and letters of credit, carrying the credibility of the bank to commercial credit transition. However, as the issuing bank to replace the seller as the first payer under the letter of credit status, making the issuing bank is particularly concerned about the issuance guarantee, the legal issues in the issuing guarantee therefore becomes very important.