ISP98하 보증신용장의 정체성에 관한 연구

• 영문명: A Study on the Identity of Standbys under ISP98- with a special reference to UCP 600 compared -
• 발행기관: 한국국제상학회
• 저자명: 한재필(Jae-phil Hahn)
• 간행물 정보: 『국제상학』國際商學 第24卷 第3號, 155~178쪽, 전체 24쪽
• 주제분류: 경제경영 > 무역학
• 파일형태: PDF
• 발행일자: 2009.09.30

영문 초록

On January in 1999, the ISP98 came into force as the ICC publication no. 590, for which the American Institute of International Banking Law & Practice participated in drafting the groundwork for these Rules in accordance with UCC Article 5 and the UN Convention on Independent Guarantees and Stand-by L/C. Even though German delegates were against the new guidelines, these were passed by the vote at ICC Banking Commission with 32 votes for, 9 against and 46 abstentions. There were, however, much doubts whether these new rules were necessary or correct to approve the American standby practice at the ICC standpoint. Supporters of these rules referred to the situation in which the outstanding values of standby are well over any other commercial L/C. But as a result of American legal parlance contained with excessive and unnecessary details, it could be generally realized that most of these rules are of inappropriate character to internationally acceptable general practices accomplished by the ICC in formulating international rules. This paper is to research on the ISP98 Rules for standbys to find out the way to improve its acceptability in the international commercial community by the merchant and banking practitioner with in-depth knowledge.

목차

Abstract

Ⅰ. 서 론

Ⅱ. 보증의 어의와 개념

Ⅲ. ISP98의 표준규칙과 UCP의 관습 관례의 비교

Ⅳ. 보증신용장의 거래절차와 표준규칙에서의 오류

Ⅴ. 종합 및 결 론

참고문헌

키워드

ISP98 Standby Letter of Credit Demand for Payment Independent Guarantee