Conflict and Explanation About the Use of Negotiable Instrument Law of China for the Documentary Letter of Credit Draft

Linlin LIU, Yanying FEI

Abstract


The documentary letter of credit draft, first of all, depends on compulsory procedure of bill of exchange, legal status of sides during negotiating bank registration, unconditional payment and endorsement with signature and stamp; it also depends on other questions and conflicts, occurred with the use of UCP600. The applicable of the documentary letter of credit draft suffered from negotiable instrument law in China and the international convention on the law. Through the analysis of bill legal interpretation rules and international law practice, the documentary letter of credit draft not only matches the bill of exchange, but also plays the role of bill of exchange with unconditional payment. This provides the logic basis for the documentary letter of credit draft to apply negotiable instrument law in China and forward the legal interpretation to resolve the conflict.


Keywords


The documentary letter of credit draft; Compulsory procedure; Negotiation bank; Unconditional payment; Endorsement

Full Text:

PDF

References


Dong, A. S. (2009). Negotiable instrument law. Beijing: People’s University Press.

He, J. B. (2003). The legal relationship comparison research about letter of credit and draft. Law, (4), 58-63.

Liu, B. (2011). The draft legal relationship of letter of credit. Graduate Student of Law, 8, 103-110.

Zhang, S. Z. (2008). The thinking of using documentary letter of credit draft under the new international practice. Foreign Economic and Trade Affairs, (4), 70-73.

Zhao, X. H. (2007). Issue of negotiable instrument law. Beijing: Law Press China.




DOI: http://dx.doi.org/10.3968/4522

Refbacks

  • There are currently no refbacks.


Copyright (c)



Reminder

  • How to do online submission to another Journal?
  • If you have already registered in Journal A, then how can you submit another article to Journal B? It takes two steps to make it happen:

Submission Guidelines for Canadian Social Science

We are currently accepting submissions via email only. The registration and online submission functions have been disabled.

Please send your manuscripts to css@cscanada.net,or css@cscanada.org for consideration. We look forward to receiving your work.

 Articles published in Canadian Social Science are licensed under Creative Commons Attribution 4.0 (CC-BY).

 

Canadian Social Science Editorial Office

Address: 1020 Bouvier Street, Suite 400, Quebec City, Quebec, G2K 0K9, Canada.
Telephone: 1-514-558 6138 
Website: Http://www.cscanada.net; Http://www.cscanada.org 
E-mail:caooc@hotmail.com; office@cscanada.net

Copyright © Canadian Academy of Oriental and Occidental Culture