瑕疵押匯之探討 (即期匯票之日期可否不載)

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1
()
(Uniform Customs and Practice for Documentary Credits, UCP600)
(()(at sight draft)
()( )
(ICC)DOCDEX()
( )(International Standard and Banking Practice,
ISBP)(ICC)
DOCDEX (DOCDEX decision No.259)
()

(UCP 600, ISBP, Docdex)

(at sight)
:
:

.
..

()

(ICC)(Uniform
Customs and Practice for Documentary Credits, UCP 600)
?
()
(draft)

(ISBP for
the examination of documents under documentary credits, paragraph 13 Drafts, transport
1

()

documents and insurance documents must be dated even if a credit does not expressly so
require. A requirement that a document, other than those mentioned above, be dated, may be
satisfied by reference in the document to the date of another document forming part of the same
presentation . Although it is expected that a required certificate or declaration in a separate
documentbe dated, its compliance will depend on the type of certification or declaration that
has been requested, its required wording, and the wording that appears within it. Whether other
documents require dating will depend on the nature and content of the document in question)
ISBP
Paragraphs 13,ICC Publication No.681, April 2007
(UCP 6002006 ) d
()(ISBP)

e (commercial invoice)
(In documents
other than the commercial invoice, the description of goods, services or performance, if stated,
may be in general terms not conflicting with the description in the credit) f

d (
)(ISBP)

(commercial invoice)2(other documents)


(strict compliance)
(substantial compliance)

() 11 1 :
3 24 1
.4 11 1 :
(bill of lading)(packing list)(inspection report)
(beneficiary statement)(country of origin)
3
11

4
24

24
1 .

()

()
5

6
()

() DOCDEX

(ISBP)
(ISBP)

(ICC opinion R 256, the ICC


commission on Bank Technique and practice)

()1.

(documents required)
(condition)
5

ISBP for the examination of documents under documentary credits, paragraph 13Drafts,transport
documents and insurance documents must be dated even if a credit does not expressly so require. A requirement
that a document, other than those mentioned above, be dated, may be satisfied by reference in the document to
the date of another document forming part of the same presentation . Although it is expected that a required
certificate or declaration in a separate documentbe dated, its compliance will depend on the type of
certification or declaration that has been requested, its required wording, and the wording that appears within it.
Whether other documents require dating will depend on the nature and content of the document in question)
3

(terms)(additional documents)(special instructions)


(ISBP)(documents required)

()
()()
()7

(amend)
()
(waiver)()

()

UCP600 ()

()
() ()

()

(documents required)
(
, ISO9000 )

(documents)(condition)(special instructions)

UCP (600)?
4


[1] , .
[2] , .
[3] , ,
[4] , ,
[5] , , ,
[6] , UCP600 , , Practice in Foreign
Economic Relations and Trade, 2011 01
[7] , UCP600 , . Anhui
University Law Review, 2009 02
[8] , UCP600 , , Practice in Foreign Economic
Relations and Trade. 2010 07
[9] , UCP600 (), Journal of
South China Normal University(Social Science Edition), 2009 05
[10] , -
(), Economic Vision. 2010 10
[11] Wang, Yu (The World Economy Department of Fudan University), Comprehensive Measuring
and Analyzing of the Export Competence Advantage of One Country in the Foreign Trade-The
Model.Inference and Interpretation of the Comprehensive Export Competence Index.Journal of
Hubei University of Economics, 2008-06.
[12] Mao, Qun-ying(School of Business,Suzhou University), A Deep Analysis on the New Rules in
the Field of International Settlement-UCP600.Economic Research Guide, 2007-07.
[13] Lou, Yu, Effect of UCP600 on International Trade Practice . Journal of Hebei University of
Economics and Trade, 2007-02.
[14] Wg Schulze, The UCP 600: a new law applicable to documentary letters of credit: analysis ,
Sabinet.Co.
[15] S Quinn, The Evolution of the Check as a Means of Payment: A Historical Survey Federal
Reserve Bank of Atlanta Economic 2008 .

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