信用证审单规则的实证分析-法学专业毕业论文.pdfVIP

Abstract There are different doctrines and opinions about the standards for examination of L/C documents. The rigorous accord principle is the dominating modus operandi in all countries which consist of the mirror image standard, the substantial compliance standards, the standard of a reasonable document checker and the strict compliance standard. Widely accepted UCP600 is consistent with the provisions of the surface of the abstract principle of trial. However, national courts in the application of specific criteria when there is a big gap, so the rules of examination of L/C documents in the practice of administration of justice needs to be resolved. The first standard for examination of L/C documents is Mirror Image. It was once a standard by the Court invoked the major-trial standards in Britain and the United States, the standard means L/C terms between the documents should be like a mirror, like the word-by-word identical, as long as any differences in the documents, regardless of whether the difference is a small, the documents are not accepted. It brought great to legal security, but to make the rules of the standard for examination of L/C documents absolute, resulting in the legal and rigid stereotypes. The second standard for examination of L/C documents is Substantial Compliance. The standard means in the letter of credit that the same standards and the requirements of the documents suggested that there are some differences. It still finds that the request is in conformity with the letter of credit in the single trial should be set aside provisions of the literal meaning of the letter of credit, consideration shoul