论国际信用证交易中准据法的确定律毕业论文(8)
2017-10-16 06:52
导读:18有关本案详情,参见前注10 , 第144页。 [Abstract] In the transaction of a letter of credit, the par- ties may often be situated in different jurisdictions having different laws regarding b
18有关本案详情,参见前注10 , 第144页。
[Abstract] In the transaction of a letter of credit, the par-
ties may often be situated in different jurisdictions having different
laws regarding both substance and procedure. When incorporated,
letters of credit are governed by the Uniform Customs and Practice
for Documentary Credits (UCP). While the UCP is a set of rules
and practice on the use of letters of credit, this particular codifica-
tion does not offer solutions in the absence of a choice of law to the
problem of conflict of laws over disputes involving letters of credit.
purpose of our study is to analyse doctrinal opinions and case
study on the matter and to propose a method for solving conflict of
laws. Furthermore ,any solutions introduced here must respect the
autonomy principle of the letters of credit.