备用信用证独立性原则新例外研究——英美法的角度法律专业论文.docxVIP

Abs Abstract 1 1 2 2 As an international financial tool, Standby letter of credit has developed for nearly 150 years. It can be widely used in international economic activities for sticking to the principle of independence. So the standby letter of credit has the characteristics of convenience and efficiency in practice, which ensures the international trade and financing guarantee normally and orderly.Thus, the principle of independence was praised as the life blood of international business. However, because of the standby letter of credit following the principle of independence, then the beneficiary may have opportunities to abuse this principle damaging the legitimate rights and interests of the applicant or the guarantor. In order to seek a balance of interests, in some cases, the beneficiary’s behavior needs to be limited to a certain extent. So it is very necessary to allow the independence principle to have exception. Fraud exception is widely accepted as the exception by the international community, but in this paper, the focus of the author is not for fraud exception, but for the other two new exceptions—illegality exception and unconscionability exception. Especially in the field of international financing, international engineering, advances, the illegality exception and the unconscionability exception are emerging. Because the illegality exception and unconscionability exception of standby letter of credit are rarely studied in our country, in this paper, the author mainly clarifies such two exceptions. For illegality exception, the author will combine the cases of common law with the relative laws and regulations in United States as well as the international conventions to make elaboration. For unconscionability exception, which is mainly based on judicial cases in common law, the author makes an empirical analysis, expecting that the analysis can provide a reference for the study of standby letter of credit in china. This thesis is divided into three