- 신용장거래에서 비서류적 조건의 인정여부에 관한 사례검토 - ICC유권해석, 미국 및 한국법원의 판례를 중심으로-
- ㆍ 저자명
- 강원진,김동윤,Kang. Won-Jin,Kim. Dong-Yoon
- ㆍ 간행물명
- 貿易商務硏究
- ㆍ 권/호정보
- 2007년|33권 4호|pp.3-28 (26 pages)
- ㆍ 발행정보
- 한국무역상무학회
- ㆍ 파일정보
- 정기간행물| PDF텍스트
- ㆍ 주제분야
- 기타
A non-documentary conditions is a condition contained in the credit without reference to the presented document in compliance therewith, thereby causing many problems to all parties involved in letter of credit transactions. The purpose of this study is to examine the regulations on the non-documentary conditions under Uniform Customs and Practice for Documentary Credits: UCP, International Standby Practices: ISP98, United Nations Convention on Independent Guarantee and Stand-by Letters of Credit: CIGSLC and Uniform Commercial Code: UCC and also the opinions on the effect of non-documentary conditions through the analysis of several cases on the non-documentary conditions. The result of this study can be summarized as follows: First, UCP, ISP98, CIGSLC and UCC stipulate that banks will deem non-documentary conditions as not stated and will disregard them. Second, courts used to permit the effect of non-documentary conditions. Finally, all parties should not attempt to put in any non-documentary conditions in order to prevent disputes on the effect of non-documentary conditions.