信用证下部分装运与分期装运辨析——兼论UCP600第31条和第32条的适用

Analysis of Partial and Instalment Shipments in the Letter of Credit: the Application of Articles 31 and 32 of UCP600

《跟单信用证统一惯例(UCP600)》第31条和第32条分别规定了部分支款/装运与分期支款/装运的审核标准。但在实务中,由于翻译和理解上的分歧,容易引发争议。为了厘清"部分装运"和"分期装运"的内涵及装运与支款之间的关系,在总结分歧产生原因的基础上,通过解读国际商会相关的咨询答复意见及有关交单和支款的规定,分析了UCP600第31条和第32条的适用情形,旨在为受益人正确把握信用证结算下的装运和交单提供实践指导。

Articles 31 and 32 of Uniform Customs and Practice for Documentary Credits （UCP600） have respectively regulated the audit standards for partial drawing/shipment and instalment drawing/shipment; however, in practice, controversies might arise due to the difference between translation and interpretation. In order to illustrate the connotations of both partial and instalment shipments and clarify the relationship between shipment and payment, this essay has reviewed the causes of those controversies. Through reading the consultation given by International Chamber of Commerce and regulations concerning the presentation of documents and payment, this paper has analyzed the condition for the application of articles 31 and 32 in order to provide guidance for the beneficiaries in terms of how to correctly conduct shipment and deal with documentary credit.