UCP600租船提单中开证行的责任及风险防范外文翻译

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1、 2010 届毕业生毕业论文 英 文 文 献 院 (系 )别 经济系 专 业 国际经济与贸易 班 级 国专 学 号 姓 名 指导教师 二一年六月 UCP600 in issuing the charter party b/l are standardized UCP600 to the issuing bank, the applicant shall be defined for or on behalf of his request to open the l/c. Meanwhile, if the issuing bank, international trade settlement

2、 in its business includes negotiation behavior, the issuing bank issuing bank is in complying presentation, the payment shall be awarded on or before the banking day to advance or agree to payment in advance. The issuing bank issuing and perform such behavior of UCP600, in article 7 is clear and pre

3、cise with lists of the rules. Article 7 a paragraph of the issuing bank payment of duty, namely, five species as prescribed by the documents submitted to the nominated bank and the issuing bank or presentation, the issuing bank must press the l/c shall be applicable to the situation (a) credit verif

4、ication by the issuing bank by sight payment, by deferred payment or acceptance, (2) by the nominated bank credit payable at sight but the payment. (3) by the nominated bank credit deferred payment but its not promise deferred payment, or has promised a deferred payment, but not on the expiry date p

5、ayment. L (4) by the nominated bank acceptance, but its not accepted by the drawee drawn for acceptance or the draft, though, but not on the expiry date payment. L (5) by the nominated bank negotiation but its not negotiating. Although the terms, but only five details including bank must pay the sit

6、uation is nine and a paragraph of article 7 and no supplementary terms, out, issuing bank payment is strictly defined. Article 7 a b submission for the issuing bank is the starting time of payment of the documents, namely the issuing bank from the l/c is irrevocably undertake honour responsibility,

7、that is to say, the issuing bank from the l/c will inevitably suffer credit terms, as long as the international conventions to conform documents to the issuing bank or the issuing bank designated bank and the issuing bank payment, the payment has been formed. Article 7 the issuing of b walk through

8、the provisong phase can be dim, from the time off to the banks responsibility. But if from the time of the logical sequence, article 7 of the issuing bank under the regulations should be on duty starting a paragraph of article 7 of the front, because only to determine the issuing bank, to the starti

9、ng time of responsibility about the issuing bank must honour of responsibility. Article 7, paragraph c stipulates the nominated bank honour or negotiate presentation and supporting documents to the issuing bank, the issuing bank is liable for payment of the nominated bank. For acceptance or payment

10、under the credit conform to the amount of payment shall be in single date, no matter whether the Banks designated to handle in advance or purchase before maturity, the issuing bank designated Banks pay responsibility independent of the issuing bank to beneficiarys responsibility. Article 7, paragrap

11、h c according to provisions of UCP600 can see, in determining the issuing bank obligated to pay has designated bank payment at the same time, protect the designated sight payment, designated forward, the designated payment drafts and designated confirming bank interest. 2 obviously UCP600 folio bank

12、 credit settlement of responsibility applies to all aspects, including applicable UCP600 article 22 under the condition of the charter party b/l and the issuing bank obligations and responsibilities. The issuing of the charter party b/l risks UCP600 article 22 b, paragraph 1, Banks will not audit ch

13、artering contract, even if a credit requires submit chartering contract. This clauseRegulation is increased risk of issuing bank. Because in the charter party b/l in terms of into the existing maritime law, namely the shipowners to navigation Times of chartering ship to the lessee, the lessee shall

14、be required and the issue of bills of lading, or the lessee will require to sign on behalf of the master Send the bill of lading. Under the charter of the bill of lading on the hand just as proof of the lessor, the lessee receive the goods between the right and the lessor The obligations in accordan

15、ce with the provisions of the charter, the bill of lading no longer proof of the contract of carriage of goods by sea. But the bill of lading, happen The bill of lading, holding the third outside the lessor and the rights and obligations in accordance with relevant records, bill of lading and bill o

16、f lading to the international convention And the law of adjustment. In this case, the lessor in order to safeguard their interests, and avoid the bill of lading for rent at the time of transfer occurs Ship contract obligations and responsibilities, often in the bill of lading contains chartering con

17、tract certain content, called into clause. 3 the result is that the charter of the shipper, consignee and the issuing bank, in such ignorance and increases the risk of settlement by other circumstances passively chartering contract constraint. Issuing walk in the charter party b/l and prevent risks

18、borne by the applicant and the l/c beneficiary in the international sale of goods in the different choices of trade terms. (a) the issuing of the applicant and the beneficiary, choose the FOB term of credit risk control principle, according to open l/c, has the international business contract indepe

19、ndently. L/c in law applicable international business contract, and UCP600 applicable international trade, the international conventions and treaties and case of domestic statute. But undeniable, credit and international business contract although independent of each other, but interrelated. L/c with international business contract