信用证独立性原则及其适用

The Independence Principle of Credit Letters and Its Application

信用证独立性原则是分析和处理信用证法律问题的重要基础。信用证支付方式被广泛采用的主要原因在于它自身独特的法律性质,独立性原则确保了信用证成为快捷、可靠、经济、方便灵活的结算支付方式,并能较好地运用于解决诸如开证行行使抵销权、保兑、信用证开立前和付款后、代位追偿、止付等纠纷。

The independence principle of credit letters is an important basis in the analysis and settlement of legal disputes concerning credit letters. The reason why the payment mode of using credit letters lies in the unique legal nature of itself. The independence principle of credit letters make them a swift, reliable, economical, convenient and flexible mode of account- settlement and payment, which can be put into practical settlement such as establishment of credit letters to exercise one＇s right of set-off, confirmation, before and after the establishment of a credit letter; subrogation for a debt, and settlement of disputes caused by payment stopped.