UCP 600 적용상 인수 및 연지급신용장 매입에 관한 문제점

The problems regarding negotiation of an Acceptance and Deferred Payment Credit under the UCP 600

  • 김종락 (순천향대학교 국제통상학과) ;
  • 양의동 (청운대학교 국제무역학과)
  • 투고 : 2009.08.24
  • 심사 : 2009.09.18
  • 발행 : 2009.09.27

초록

There were many changes regarding Negotiation of document under UCP 600. First of all, the definition of Negotiation was changed. The UCP 500 stated "Negotiation means the giving of value for drafts and documents by the bank authorized to negotiation", but the UCP 600 defines "negotiation" as following "negotiation means the purchase by the nominated bank of drafts and/or documents under a complying presentation". Under the UCP 600 the meaning of negotiation was more clear than UCP 500. Second UCP 600 permits all deferred payment credits be discountable or negotiable. This amended rule equated the deferred payment credit with banker's acceptance credit which was contrary with the nature and the practice of former deferred payment credit transaction. Third, UCP 600 has also provided for reimbursement rights for nominated banks and a conceptual basis for protecting nominated banks against beneficiary fraud. In this paper, the problems regarding negotiation of document under UCP600 was studied and the solutions for the problems occurring in appling UCP 600 in practical field was provided.

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