信用證與票據(jù)法律關(guān)系比較.pdf

1、對外經(jīng)濟貿(mào)易大學(xué)碩士學(xué)位論文信用證與票據(jù)法律關(guān)系比較姓名：王欣申請學(xué)位級別：碩士專業(yè)：國際法學(xué)指導(dǎo)教師：李玫20050401信用證和票據(jù)法律關(guān)系比較 -II -Ab s t r a c t Evolved from commercial practice, both documentary letters of credit and negotiable instruments are outstanding for t

2、heir merchant character, and therefore share similarities inevitably. For example, both of them serve as payment mechanism, independent to underlying contract relations and following documentary compliance.

3、 In addition, documentary letters of credit are usually involved in use of bill of exchange, a typical negotiable instrument. The close tie between letters of credit and instruments results from their

4、share particularities distinguished from general principles in civil law. In practice, promiscuity of the two law systems is a common problem. It is thus necessary to differentiate their characters and relations,

5、especially to analyze the deep- behind law cause and economic background, which is a key to understand and master the two different law systems. In this way, it may avoid the occurrences of mistaking the reasons inc

6、urred under letters of credit for instrument defenses against due course holders, or applying the instrument principles to credit transactions. This article consists of four parts except introduction and

7、 conclusion. The first part gives a general introduction of relations between commercial documentary letters of credit and negotiable instruments. The second part analyzes the assumption of risks under le

8、tters of credit and instruments respectively on the basis of economic analysis of law. The third part further deals with independence of the two payment devices, and takes adventure to put f

9、orward the author’s own opinion on whether an applicant of a letter of credit is discharged off the underlying obligation. The fourth part is concerned with compliance under the two payment

10、mechanisms in details, especially focused on relative laws and regulations in different countries, including the United States, Swiss and Germany, from the perspective of comparative law. In add