중국과의 신용장거래에서 사기 및 구제에 대한 법률적 성질의 고찰
Remedies for Fraud of Letters of Credit Transactions of China
김동윤(목원대학교)
10권 4호, 427~443쪽
초록
The purpose of this study is to examine the legal system and the judicial procedure ofremedies for fraud in the case of letters of credit in China. To realize the study purpose, itis necessary to analyze the various remedies for fraud of credit under the civil law, contractlaw and criminal law in China after which understanding the decisions and orders of thePeople's Court of the People's Republic of China. is needed. According to civil law in China, there exist several remedies for fraud of credit. Theinjured party may affirm the contract and bring an action for damages for fraud. Otherwisehe may elect to rescind the contract. Furthermore, the defendant found to be guilty must bear some liabilities under criminallaw in China. In conclusion, Korean traders should pay attention to the above major problems mentionedabove. If the fraud of credit in China occurs, Korean traders may be able to mediate thedisputes effectively by using the suggested remedies on credit fraud credit in China.
Abstract
The purpose of this study is to examine the legal system and the judicial procedure ofremedies for fraud in the case of letters of credit in China. To realize the study purpose, itis necessary to analyze the various remedies for fraud of credit under the civil law, contractlaw and criminal law in China after which understanding the decisions and orders of thePeople's Court of the People's Republic of China. is needed. According to civil law in China, there exist several remedies for fraud of credit. Theinjured party may affirm the contract and bring an action for damages for fraud. Otherwisehe may elect to rescind the contract. Furthermore, the defendant found to be guilty must bear some liabilities under criminallaw in China. In conclusion, Korean traders should pay attention to the above major problems mentionedabove. If the fraud of credit in China occurs, Korean traders may be able to mediate thedisputes effectively by using the suggested remedies on credit fraud credit in China.
- 발행기관:
- 한국무역연구원
- 분류:
- 무역학일반