信用证软条款问题研究
发布时间：2018-09-13 21:42
【摘要】： 信用证是当前国际贸易中普遍使用的一种结算方式,它是以银行信用代替商业信用对卖方承担付款的责任,属于风险较小的一种贸易结算方式,但是目前信用证中的一种特别条款即信用证软条款(soft clause)的存在却将这种银行担保的作用大大削弱,对善意的出口商构成巨大的风险。本文便对这个问题进行了深入的研究,从信用证的基本理论出发,对软条款性质、类型,存在的原因以及救济方式进行了深入的分析。鉴于当前国内外各界学者对信用证软条款的定性问题的不确定,本文的重点是通过欺诈理论、欺诈例外理论及信用证与基础合同的关系等几方面对信用证软条款的性质、救济、防范等问题进行分析。不包括前言和结语,本文的主要内容主要包括三章,分别对信用证软条款的基本理论、软条款的救济理论以及对出口企业与银行对软条款风险防范的问题进行了讨论。第一章是信用证软条款的基本理论概述,主要讨论了信用证软条款的特点、成因和性质,对信用证有一个比较全面的认识。第二章是信用证软条款的种类及其救济,本章对信用证软条款的几种常见的表现形式做了一些归纳,另外对信用证软条款的救济问题做了一些探讨。最后一章即第三章是信用证软条款的风险防范,本章从企业的角度对如何防范信用证软条款风险做了探讨,主要从自身建设和对外合作两方面对这个问题进行阐述。
[Abstract]:Letter of credit is a kind of settlement method which is widely used in current international trade. It is a kind of trade settlement method which uses bank credit instead of commercial credit to bear the responsibility of payment to the seller. However, the existence of (soft clause), a special clause in a letter of credit, greatly weakens the function of this kind of bank guarantee and poses a great risk to bona fide exporters. Based on the basic theory of the letter of credit, this paper makes a thorough analysis of the nature, type, reason and relief of the soft clause. In view of the uncertainty of scholars at home and abroad about the qualitative problems of soft clauses in letters of credit, the emphasis of this paper is on the nature and relief of soft clauses of letters of credit through fraud theory, fraud exception theory and the relationship between letters of credit and basic contracts. The prevention and so on question carries on the analysis. Not including preface and conclusion, the main contents of this paper include three chapters, respectively, the basic theory of soft clause of letter of credit, the relief theory of soft clause and the risk prevention of export enterprise and bank to soft clause. The first chapter is an overview of the basic theory of soft terms of letters of credit, mainly discusses the characteristics, causes and nature of soft clauses of letters of credit, and has a more comprehensive understanding of letters of credit. The second chapter is about the types and remedies of soft clauses of letters of credit. This chapter summarizes several common forms of expression of soft clauses of letters of credit, and probes into the relief of soft clauses of letters of credit. The last chapter, the third chapter, is the risk prevention of the soft clause of the letter of credit. This chapter discusses how to prevent the risk of the soft clause of the letter of credit from the angle of the enterprise, mainly from the aspects of self-construction and foreign cooperation.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：F740.4
[Abstract]:Letter of credit is a kind of settlement method which is widely used in current international trade. It is a kind of trade settlement method which uses bank credit instead of commercial credit to bear the responsibility of payment to the seller. However, the existence of (soft clause), a special clause in a letter of credit, greatly weakens the function of this kind of bank guarantee and poses a great risk to bona fide exporters. Based on the basic theory of the letter of credit, this paper makes a thorough analysis of the nature, type, reason and relief of the soft clause. In view of the uncertainty of scholars at home and abroad about the qualitative problems of soft clauses in letters of credit, the emphasis of this paper is on the nature and relief of soft clauses of letters of credit through fraud theory, fraud exception theory and the relationship between letters of credit and basic contracts. The prevention and so on question carries on the analysis. Not including preface and conclusion, the main contents of this paper include three chapters, respectively, the basic theory of soft clause of letter of credit, the relief theory of soft clause and the risk prevention of export enterprise and bank to soft clause. The first chapter is an overview of the basic theory of soft terms of letters of credit, mainly discusses the characteristics, causes and nature of soft clauses of letters of credit, and has a more comprehensive understanding of letters of credit. The second chapter is about the types and remedies of soft clauses of letters of credit. This chapter summarizes several common forms of expression of soft clauses of letters of credit, and probes into the relief of soft clauses of letters of credit. The last chapter, the third chapter, is the risk prevention of the soft clause of the letter of credit. This chapter discusses how to prevent the risk of the soft clause of the letter of credit from the angle of the enterprise, mainly from the aspects of self-construction and foreign cooperation.
【学位授予单位】：厦门大学
【学位级别】：硕士
【学位授予年份】：2008
【分类号】：F740.4
【引证文献】
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