摘要
跟单信用证统一惯例未能确定判断非单据化条款的标准,各国法院判例决定了非单据化条款的不同法律效力。通过比较统一惯例和各国法院判例的不同观点,分析非单据化条款的法律成因,认为非单据化条款的法律效力仍然是一个悬而未决的问题,银行审单和外贸实践中应该对此采取谨慎的态度。
The Uniform Customs and Practice for Documentary Credits（UCP） fails to supply a standard to judge the non-documentary clauses and leaves it to courts so that the same non-documentary clauses are given different legal effects according to the prejudication of courts in different countries. In this thesis the author compares the different opinions of UCP and courts＇ prejudication in different coutries on non-documentary clauses and analyzes the legal causes for the clauses, concluding that the inconsistency of the legal effects of non-documentary clauses remains unresolvable so it is better to take a prudent attitude when the banks are examing documents and also in foreign trade.
关键词
跟单信用证
统一惯例
非单据化条款
判例法
谨慎
documentary credit
the uniform customs and practice
non-documentary clauses
case law
prudence
