On the legal nature of the international credit business and legal relations
 
"Summary" 澳洲留学生论文 letter of credit is the main form of international payment, the receipt and payment in the form of import and export trade plays an important role. This letter of credit from a legal point of view of international business were thoroughly analyzed, presented letters of credit with bank credit, independent files, business documents, written evidence of the legal nature; issuing between the applicant and the issuing bank, issuing the applicant and the beneficiary between the intermediary and beneficiary bank is a contractual relationship between the issuing bank and an intermediary bank is an agency relationship between the usual.
 
"Key words" international payments, letters of credit, rights and obligations
 
The legal basis for the international letter of credit business is the International Chamber of Commerce's "Uniform Customs and Practice for Documentary Credits." The world bank letter of credit must be marked out and so opened the UCP, in the event of disputes, and so the practice of the court ruling. Chinese law also expressly recognized international practice. "General Principles of Civil Law," Article 142, paragraph 3: "The People's Republic of China laws and international treaties that China has concluded or is not required to participate, you can apply to international practice." My other foreign laws are also made on the application of provisions of international practice. These provisions of Chinese financial institutions in foreign trade, financial activities and international practices to create the conditions for China's foreign judicial and arbitral bodies try to provide a basis for economic disputes.
 
First, the legal nature of the international letter of credit business
According to "Uniform Customs and Practice for Documentary Credits," the first part of the text No. 500, "General principles and definitions", the author of the international letter of credit business, the legal nature of the grouped into the following four points:
 
1, is a bank credit
Bank letter of credit is a conditional payment commitment. Letter of credit is a bank credit, is the issuing bank for the importers to use their credit guarantee business credit, but the issuing bank, credit guarantee such payment is conditional, that is the beneficiary (exporter) must be completely compliance with credit terms, the documents submitted meet the requirements. After opening the letter of credit issuing bank, the payment of negative primary responsibility is the main debtor, as long as the beneficiary (exporter) to documents submitted by the bank meet the conditions of the credit, the issuing bank to pay regardless of whether the importer section to it, must be paid to the beneficiary or the designated bank. This is different from a security business, banks have negative secondary responsibility, that is, in the case of non-payment by the guarantor bank, took the payment was more different from the collection business, agency relationship, which can collection Bank is not responsible, but their behalf.留学生论文代写网代写留学生论文,英国硕士论文,澳洲论文,
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