运用金融科技保护信用证法中的严格合规原则

Q4 Social Sciences
Le Thuc Linh Bui, L. Pribula
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引用次数: 0

摘要

本文的重点是与作为信用证法严格合规原则一部分的实质合规标准相关的不确定性和争议,以及应用新技术解决这些问题的可能性。信用证确认了国际销售合同项下的付款,并包含银行的承诺,如果卖方能够按照信用证的要求出示符合要求的单据,银行将向卖方付款。由于信用证的基本原则,它是稳定和值得信赖的。国际商会《跟单信用证统一惯例》承认了这些基本原则以及信用证惯例。为了保持信用证的商业效用,应恢复并一贯适用严格的合规原则。然而,这一原则与确切的标准没有关联,这导致了法院适用不同标准的情况。这种情况可能会降低信用证的商业效用。因此,金融业正试图应用区块链、智能合约和物联网等新技术来支持严格的合规原则,并试图减少与实质合规标准相关的不确定性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Using Fintech to protect the strict compliance principle in letter-of-credit law
The focus of this paper is on the uncertainty and controversy associated with the substantial compliance standard as part of the strict compliance principle in the letter of credit law, as well as the possibility of applying new technology to solve such problems. The letter of credit confirms a payment under international sales contracts and contains a promise from the bank to pay the seller if they can present the complying documents as required in the letter of credit. Thanks to the basic principles of a letter of credit, it is stable and trustworthy. Such basic principles as well as the practice of letters of credit are recognized in the Uniform Customs and Practice for Documentary Credit of the International Chamber of Commerce.To retain the commercial utility of the letter of credit, the strict compliance principle should be revitalized and consistently applied. However, this principle is not associated with exact standards, which leads to the scenario that courts apply different standards. Such a situation might reduce the commercial utility of letters of credit. Hence, the financial industry is trying to apply new technologies such as blockchain, smart contracts, and the Internet of Things to support the strict compliance principle, and try to reduce the uncertainty related to the substantial compliance standard.
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来源期刊
CiteScore
1.20
自引率
0.00%
发文量
21
期刊介绍: Acta Juridica presents the achievements of the legal sciences and legal scholars in Hungary and details of the Hungarian legislation and legal literature. The journal accepts articles from every field of the legal sciences. Recently, the editors have encouraged contributions from outside Hungary, with the aim of covering the legal sciences in the whole of Central and Eastern Europe. Publishes book reviews and advertisements.
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