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Research on the legal relationship with the collecting bank 's principal international collection of

Author: JiaZuo
Tutor: ChenZhiDong
School: Fudan University
Course: International Law
Keywords: Collection URC522 Collecting bank
CLC: D996
Type: Master's thesis
Year: 2010
Downloads: 278
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Abstract


Collection is one of the major ways of payment in international trade. Four parties from two countries are generally involved in collection transactions. The legal relation among them are mainly governed by international business practices—Uniform Rules for Collections adopted by International Chamber of Commerce (URC 522). It is undisputed that the principal and the remitting bank are in the relation of principal and agent, so do the remitting bank and the collecting bank. However, there are disputes concerning the legal relation between the principal and the collecting bank. URC522 does not address the liabilities of collecting banks in the case they do not follow the URC522 rules, nor does it provide a definite answer as to whether the principal can bring a lawsuit against the collecting bank if the latter does not duly follow the collection instructions. There is also confusion among the Chinese academic circle and Chinese courts.In this dissertation, the author explores the legal relation between the principal and the collecting bank from the perspective of legal theory and practice. The author makes a comparative analysis on the different theories concerning the legal relation between them, and further discusses their legal relation based on comparison of the agency theory of the Continental legal system and English-American legal system and on interpretation of the articles of URC522. The author also studies relevant foreign and domestic cases concerning collection disputes with the hope of finding a better solution and helping the Chinese enterprises better participate in international trade and more efficiently protect their legitimate rights and interests.This dissertation is divided into four chapters. In Chapter One, the author introduces collection:its development history, its relationship with domestic law and the liability and disclaimers of banks stipulated in URC522. In Chapter Two the author analyzes the different theories concerning the legal relation between the principal and the collecting bank. In Chapter Three, the author discusses their legal relation based on comparison of the agency theory of the Continental legal system and English—American legal system and on interpretation of the articles of URC522. Chapter Four is relevant to the legal practice of different countries concerning the dispute between the principal and the collecting bank.

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CLC: > Political, legal > Legal > International law > International Economic Law
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