试论买卖合同信用证条款中双方的法律关系

本文认为：买方申请银行开立信用证是卖方履行交货义务的前提条件；当卖方未能按期申请开立信用证时，如构成重大违约，卖方可解除合同，如属轻微违约，卖方应首先规定宽限期让其履行开证义务，如买方仍不开证．卖方才有权解除合同；关于买方开证与其货款责任的关系，应坚持“有条件付款说”，在信用证有效期内买方的贷款责任暂时中止，如卖方未能利用信用证以取得货款，则应区别卖方对此是否有过错，适用不同的法律 规则。

This article brings the following points: that the buyer applies to the bank for the L/C is the precedent condition under which the seller performs his duty of delivering goods. When the buyer fails to do it on time, if it leads to material breach, the seller may rescind the contract; if it belongs to minor breach, the seller firstly should prescribe reasonable time in let the buyer perform his duty, the seller has the rights to rescind the contract as long as the buyer still doesn' t do it in this period. As for the relationship between buyer's applying for L/C and liability of payment, we should insist on the 'Doctrine of Conditional Payment'. Liability of Payment temporarily ceases during the effective period of L/C. If the seller doesn't receive payment by L/C, then, different rules should be applied if the seller has defaults.