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信用证作为一种常用国际结算方式,在国际贸易活动中发挥着重要作用。但实践中,开证行与开证申请人之间因开立信用证而产生的欠款纠纷、信用证项下融资产生的纠纷时有发生。信用证开立之后,买卖双方的商业信用随即转化为银行信用,开证行需承担首要且独立的付款责任和垫款风险。本文对一则以海上运输合同纠纷为由追偿信用证垫款的案例进行分析,对商业银行处理信用证纠纷提供一定的借鉴。
As a common international settlement method, letters of credit play an important role in international trade activities. However, in practice, disputes between the issuing bank and the issuing applicant arising from the opening of a letter of credit and the financing arising under the letter of credit have occurred from time to time. After the opening of a letter of credit, the commercial credit of the buyer and the seller is immediately translated into a bank credit, and the issuing bank is required to bear the primary and independent risk of payment liability and advances. This article analyzes a case of recovering the advance of letters of credit by maritime transport contract dispute, and provides some reference to the handling of the credit dispute by commercial banks.