전자환어음의 유통성 담보 요건에 대한 법적 고찰 -중국의 전자환어음업무에 대한 관리규정을 연계하여-
Legal Study on Requirements for Security of Negotiability of Electronic Bills of Exchange - Related with Operating Regulation about business of Electronic Commercial Draft in China-
장청(부산대학교); 강원진(부산대학교)
10권 4호, 221~244쪽
초록
There are two methods of payment involving bills of exchange in international trade, which are documentary credits and documentary collections. Using bills of exchange for payment has advantages to importers and exporters. The exporter can obtain the purchase price as soon as possible and the importer can postpone payment of the price until the documents are no longer in the disposition of the seller. Therefore, bills of exchange have been played a big role in international trade. As the electronic trade developed, international payment systems have changed from traditional forms to electronic forms. Owing to appearance of SWIFT, BOLERO system, letters of credit and bills of lading have been realized electronically. In Korea, u-Tradehub system can issue and negotiate bills of exchange electronically. Korea also established the law about issuance and negotiation of electronic bills. In China, There is a Electronic commercial draft system which can issue and negotiate bills of exchange electronically and the chinese established operating regulation about business of electronic commercial draft in 2009. Because bills of exchange conform to the law of the place of the act, we should legislate the law about electronic bills of exchange. So, this will require us to analyze problems and resolve the problems when bills of exchange negotiated electronically. Therefore, the purpose of this study is to examine requirements for security of negotiability of electronic bills of exchange and to analyze the problems about requirements for security of negotiability of electronic bills of exchange and suggest the solutions for problems.
Abstract
There are two methods of payment involving bills of exchange in international trade, which are documentary credits and documentary collections. Using bills of exchange for payment has advantages to importers and exporters. The exporter can obtain the purchase price as soon as possible and the importer can postpone payment of the price until the documents are no longer in the disposition of the seller. Therefore, bills of exchange have been played a big role in international trade. As the electronic trade developed, international payment systems have changed from traditional forms to electronic forms. Owing to appearance of SWIFT, BOLERO system, letters of credit and bills of lading have been realized electronically. In Korea, u-Tradehub system can issue and negotiate bills of exchange electronically. Korea also established the law about issuance and negotiation of electronic bills. In China, There is a Electronic commercial draft system which can issue and negotiate bills of exchange electronically and the chinese established operating regulation about business of electronic commercial draft in 2009. Because bills of exchange conform to the law of the place of the act, we should legislate the law about electronic bills of exchange. So, this will require us to analyze problems and resolve the problems when bills of exchange negotiated electronically. Therefore, the purpose of this study is to examine requirements for security of negotiability of electronic bills of exchange and to analyze the problems about requirements for security of negotiability of electronic bills of exchange and suggest the solutions for problems.
- 발행기관:
- 한국인터넷전자상거래학회
- 분류:
- 경영학