跟单信用证汇票适用我国《票据法》的疑难问题及对策

The Difficulties in and Countermeasures for the Application of Negotiable Instruments Law to Documentary Credit Drafts

跟单信用证汇票主要在汇票要式性、汇票议付行地位、汇票无条件付款和汇票背书签章规则等方面与UCP600存在冲突。跟单信用证汇票在国内立法与国际惯例的法律适用上遭遇无法协调的困境。通过票据基础理论和国际惯例的分析,跟单信用证汇票不仅符合汇票要式性规定,议付行具有汇票当事人的法律地位,而且其实质上仍为无条件付款汇票,这就为跟单信用证汇票适用我国《票据法》的疑难问题提供了解决对策。

Docmnentary credit draft is generally considered inconsistent with UCP600O in terms of formality, the status of the negotiating bank, unconditional payment and the rules of signature endorsement. It follows that people think there are irreconcilable difficulties in applying domestic laws and international practice to documentary credit draft, rFnrough its analyses of the fundamental negotiable instrument theories and international practices, this paper argues that documentary credit draft is actually consistent with the formality of drafts, that negotiating banks have the legal status of the legal party of a draft and that documentary credit draft is in essence unconditional payment. Consequently, our study provides the basis for solving the problems associated with the application of negotiable instruments law to docmnentary credit drafts.