备用信用证的法律适用-国际法学专业论文.docxVIP

II II Abstract As a substitute of bank guarantee, standby letter of credits was brought out in the 19th century in the United States. Although only 《International Standby Practices》was specially made for standby letter of credits among all of the international conventions and practices, because of the characteristics of independent, documentary, standby, as well as irrevocable, standby letter of credits have been widely used in international economic activities which including international trade, lending, and bidding. In common law countries, the applications and rules of standby letter of credits have been comparatively mature. However, In China, legislative and judicial rules are very imperfect which is unfavorable for Chinese enterprises in international economic activities. Therefore, based on the analysis of precedent and rules of standby letter of credit in common law countries and regions, relevant suggestions will be addressed. This article is divided into three chapters, about thirty-one thousand words. The first chapter is an overview of standby letter of credits. First, based on the introduction of relative international conventions and practices, the reasons for the lack of the concept of standby letter of credits will be analyzed. Furthermore, the types, application and characteristics of standby letter of credits will be introduced; second, the relative subjects and operation procedures will be introduced; third, standby letter of credits will be compared with other financial instruments for deepen understanding of it. The second chapter is the application of standby letter of credits in other countries and regions. First, the U.S. legislative, judicial practice, as well as the application in the bank will be introduced. The main problems in U.S. precedents, as well as relief measures in fraud questions will be analyzed; second, the application of standby letter of credits in a bank of Hong Kong will be briefly introduced; third, based on the analysis