Dissertation > Excellent graduate degree dissertation topics show

Sight under the Import Financing Legal Issues

Author: LiYiLin
Tutor: XuZhongQi
School: Central University for Nationalities
Course: Economic Law
Keywords: Import Financing Bill of lading Trust receipts
CLC: D922.28
Type: Master's thesis
Year: 2008
Downloads: 78
Quote: 0
Read: Download Dissertation

Abstract


Import bill is in the commercial banking practice, improve transaction efficiency for the need to create an international trade short-term financing. It refers to the letter of credit issuing the applicant (importer) must be seen in the document match liable for the payment, due to temporary shortage of funds, full payment of funds can not be paid by the issuing bank to apply for advance payments by the bank on behalf of foreign banks or exporters to complete redeem; applicant within the prescribed time limit and interest repayment from the bank's short-term financing projects. Since import bill maximize the use of bank credit, to solve the problem of short-term financing importers and improve transaction efficiency. Thus, as China's international trade, domestic major commercial banks have introduced import bill business. But the import bill of the status quo is: a legislative blank, there is no one present law to make clear that this law; judicial attitudes vary, each court finds many problems import bill and judgment is not consistent, sometimes even diametrically opposed; academic viewpoint everywhere, the import bill of the most important issues - bank import documents under the letter of credit rights issue, pledge said, let say with security rights in five different main ideas are supported By: practice their own ways, internal regulations, commercial banks are the way to establish a system of its own set of import bill, but the internal rules on the administration of justice can not be recognized. In short, the concept of legal gaps and confusion caused import bill business behind the prosperity of legal risk. To avoid such risks, legal issues related to import bill carding, analysis, and rebuild the system, it is very necessary. Although some scholars have proposed several system solutions, but in the context of the existing legal system somewhat reluctantly. This paper focuses on \based on clearer and more forceful. Furthermore, on how to build a better legal system import bill put forward new proposals. On the meaning of four chapters, the first chapter, the main light to the name and origin of the import bill, and the Bank of China as an example of China's banking business import bill of the basic processes, principles, functions, introduced the industry and the academic representative on the definition of import bill does, the focus of its legal character; chapter introduces the theoretical circles in the \Five different perspectives, namely ownership that said mortgage, pledge right that said lien and security rights and to allow said, and in turn a legal analysis. Furthermore bill of lading in the import bill for the special status, for a more detailed analysis; chapter introduces the banking practice may face legal risks and preventive measures, focusing on the civil law and common law system preparedness patterns, especially analyzed the legal nature of the trust receipts: The fourth chapter, on the point of view of academic representatives to put forward their own say with guarantee new insights: the actual import bill and warranty mode operation and is very close to, but not as property law recognized. Its appeal will simply make the guarantee that the security interest atypical property law is written, the author seeks to minimize the cost, lowest cost, to solve the biggest legal issues, namely the import bill for making and guarantees explained as a conditional, dynamic property, therefore, in the course of the entire import bill, did not produce any kind of new property rights, and the principles of property law does not conflict. This gives the bank the right to import documents in the current \Given import bill but transplanted from the legal system in the analysis process, more use of the comparative method.

Related Dissertations

  1. Delivery of Goods Without the Carrier on the Sea of Liability,D922.294
  2. Study on Legal Problems about Consignee in Contract of Carriage of Goods by Sea,D99
  3. On the Leagle Problems of Delivery of Goods Without Presentation of the Original Bills of Lading in International Ocean Shipping,D996.19
  4. On NVOCC,D922.29
  5. Letters of credit under the legal nature of the system of import bill of,D922.28
  6. Import and export financing under the credit Issues,D922.28
  7. Legal Research of the Non-vessel Operation Common Carrier,D922.294
  8. Talking to the guarantee system and its applications,D913
  9. Import bill of credit under the laws of nature and the legal basis for trust receipts,D922.28
  10. Letter of credit issuing bank and the issuing of the applicant legal relationship,D996
  11. Delivery of goods without Several Legal Issues,D996.19
  12. The theory and practice of the jurisdiction of the International Maritime Litigation,D925.1
  13. On the bill of lading cargo delivery legal relationship,D922.294
  14. On the voyage charter party bill of lading incorporated the terms of a number of legal issues,D922.294
  15. Research on Legal Problems Concerning NVOCC,D996.19
  16. Legal Issues of Electronic Bills of Lading,D913
  17. On the bill of lading Credit - A Comparative Study of bills of lading and,D912.28
  18. On the application of the law bill of lading,D99
  19. On the shipper and the bill of lading holder the right to appeal,D922.294
  20. On the Elective of Liabilities,D996.19

CLC: > Political, legal > Legal > Chinese law > Financial Law
© 2012 www.DissertationTopic.Net  Mobile