论信用证出口押汇的法律风险及其救济

The Legal Risk and Relief Comments on Outward Bill on L/C

由于信用证法律关系的特殊性,使得信用证的结算方式远远比国内结算复杂得多。在信用证出口押汇业务中,银行的风险来自多方面,包括法律风险、信用证风险、出口商风险以及银行内部风险等等。在所有这些风险中,法律风险是第一位的。目前,在我国没有相应法律规范的背景下,银行只有不断规范自身出口押汇业务,完善质押条款,加强风险监控,才能提升其市场竞争力。

Due to the special charactristics of the legal relationship of L/C, the credit method of settlement is much more complicated than those of domestic settlement. In Outward Bill on L/C business, the bank＇s risk from a variety of sources, including legal risks, credit risks, exporters risks and the risk of the interior of bank, and so on. Of all of these risks, legal risks is the first one, in the background of no corresponding legal norms in our country. Only by constantly regulate banks business of Outward Bill on L/C can we improve the General Letter of Hypothecation provisions, enhance risk control, in order to enhance its market competitiveness. This paper is intended to analysis the legal risk of Outward Bill on L/C and hope that from the legal point of the application described in Outward Bill on L/C between the parties relief.