跟单信用证主要当事人之间的法律关系分析

The Analysis on the Legal Relationship among the Major Parties of Documentary Credit

分析了跟单信用证的主要当事人开证申请人、开证行和受益人之间的权利义务关系,论证了跟单信用证的开立依赖于基础合同和开证申请书,但跟单信用证独立于后二者并对后二者进行修改和补充,其最终目的是支付后二者约定的货款,因此,在跟单信用证的主要当事人之间的法律关系中,开证行和受益人之间的法律关系处于核心地位。

This paper analyzes the right and duty among the major parties of documentary credit, which include the applicant, issuing bank and beneficiary. Issue of a documentary credit depends on the basic contract and application for documentary credit. However, the documentary credit is independent of them and will modify and supplement them for the stipulated payment. Accordingly, the issuing bank and beneficiary are in the key position of the legal relationship among the major parties of documentary credit.