信用证陷阱条款及应对策略

Study on the Counter Measures against Trap Clause in terms of Letter of Credits

信用证是国际贸易往来中最重要的结算方式之一,买卖双方特别是买方(收购者)存在很多风险,即使合同上的货物和其他货物装船,如果收益人故意伪造文件与信用证条款上一致,买方无法避免支付货款的义务,而银行既无义务也无责任对信用证以外的违反合同的情况进行调查。本论文对信用证上陷阱条款出现的原因进行分析,对相关案例进行了分析并在法律层面对陷阱条款的性质和作用进行论证,引导进出口商和其它贸易从事者准确地认识和识别信用陷阱条款,以及应对措施。

Letter of Credit（L/C） is a main legal instrument of international settlement which is widely used in international trade. It plays a more and more important role in economic activities. The trap clause of L/C has se- verely spoiled the development of international trade. The L/C trap is very harmful. It not only makes economic losses of the international trader, but also damages the order of financial management and international trade. So it＇ s very necessary to analyze the L/C trap and to find out the effective measures against the trap clause of L/C. This study aims to provide information of fraud in the credit transactions and effective countermeasures with international trading companies and banks to prevent with, by sorting the credit fraudulences to their types and illustrating the causes and detailed practices of them on the basis of data from records of judicial precedents. The best way to avoid or minimize trap is to take preventive measures, for which an accurate understanding of the charac- teristics of the credit transaction and of the letter of credit itself is emphasized.