一、引言在信用证支付方式中,“相对于买卖双方之间的基础合同以及开证行和买方之间的关系而言,信用证是与之分离且独立的。一般来说,卖方对基础合同的违反不能成为开证行或保兑行拒绝履行信用证义务的抗辩理由。即使买方声称卖方所发货物质量不合格、用途不符或者发货数量短少,这些与信用证的运作均不相干。同样道理,开证行也不能仅仅因为买方未向其提供资金而拒绝履行(付款)承诺。”①这便 I. INTRODUCTION In letters of credit payment, the letter of credit is separate from and independent of the underlying contract between the buyer and the seller and the relationship between the issuing bank and the buyer. Generally speaking, A breach of a basic contract can not be a defense against the issuing bank or confirming bank’s refusal to perform a letter of credit obligation even though the buyer alleges that the seller failed to comply with the quality of the consignment, the non-conformity of use or the short delivery of the consignment By the same token, the issuing bank can not refuse to fulfill its (payment) commitment just because the buyer did not provide it.