신용장거래에서 매입은행의 법률적 특성에 관한 분석 -UCP 600을 중심으로-
An Analysis on Legal Characteristics of the Negotiation Bank under Documentary Credits -with a special emphasis on UCP 600-
한재필(숭실대학교)
36권 4호, 239~265쪽
초록
This article amis at analyzing the unique legal characteristics of negotiation bank which negotiates the draft and/or documents of a beneficiary as a nominated bank through an in-depth analysis of ‘negotiation’ described under UCP 600 and its influence on legal position of negotiation bank. In general, the nominated bank,such as paying bank, accepting bank, confirming bank and negotiation bank are known as an agent of issuing bank. It is, however, found that the negotiation bank involves in documentary credit transaction as an independent contract, not as an agent of issuing bank, since it purchase the draft and/or documents of beneficiary in its own discretion. Therefore, it is suggested that the nominated bank used in UCP 600 may have different legal position dependent upon the actual function thereof authorized by the issuing bank in the actual credit practice.
Abstract
This article amis at analyzing the unique legal characteristics of negotiation bank which negotiates the draft and/or documents of a beneficiary as a nominated bank through an in-depth analysis of ‘negotiation’ described under UCP 600 and its influence on legal position of negotiation bank. In general, the nominated bank,such as paying bank, accepting bank, confirming bank and negotiation bank are known as an agent of issuing bank. It is, however, found that the negotiation bank involves in documentary credit transaction as an independent contract, not as an agent of issuing bank, since it purchase the draft and/or documents of beneficiary in its own discretion. Therefore, it is suggested that the nominated bank used in UCP 600 may have different legal position dependent upon the actual function thereof authorized by the issuing bank in the actual credit practice.
- 발행기관:
- 한국무역학회
- 분류:
- 무역학