신용장거래에서 연지급확약할인의 유효성에 관한 연구 -사기의 원칙 적용을 중심으로

• 영문명: Analysis onValidity of Discounting the Deferred Payment undertaking under Documentary Credit Transactions - with a Special Reference to the Application of Fraud Rule
• 발행기관: 한국중재학회
• 저자명: 한재필
• 간행물 정보: 『중재연구』 제21권 제2호, 133~156쪽, 전체 24쪽
• 주제분류: 사회과학 > 무역학
• 파일형태: PDF
• 발행일자: 2011.06.30

영문 초록

This paper is to analyze the legality in which the fraud rule allow the issuer of L/C or a court to disrupt the payment to the beneficiary under the deferred payment credit when the nominated bank for deferred payment undertaking made prepayment or negotiation before the maturity date and fraud is identified to be involved. Since the function of commercial L/C is to provide absolute assurance of payment to a beneficiary, the fraud rule based on fraud exception has been known as the negative factor which lead to the disruption of “principle of independence & abstraction” under the commercial L/C transactions. As a result, the fraud rule is necessary to limit the activities of fraudsters, but its scope must be carefully circumscribed so as not to deny commercial utility to an instrument that exists to serve as an assurance of payment. But the fraud itself has not been firmly established because it is inherently pliable in its concept. There are numerous contents to describe the application of fraud to the L/C transactions as a standard such as egregious fraud, intentional fraud, L/C fraud(oroitted here), flexible fraud, and constructive fraud. And so the standard applicable to the commercial transaction as the fraud rule would be high or low depending upon the various standards of fraud.

목차

Ⅰ. 서론

Ⅱ. 연지급신용장 관련 UCP 개정 추이 분석

Ⅲ. 신용장거래에서의 사기의 원칙

Ⅳ. 연지급확약 할인의 유효성 고찰

Ⅴ. 종합 및 결론

참고문헌

ABSTRACT

키워드

연지급신용장 사기의 예외 사기의 원칙 신용장의 매입 Deferred Payment Credit Fraud Rule Negotiation of Credit