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信用证独立于买卖合同,银行据单证相符原则付款是信用证独立抽象性原则的具体体现,然而信用证欺诈正是在这种付款独立抽象于现实买卖活动之外的结算模式中产生的。有关信用证案件的发生,已说明信用证支付方式并非尽善尽美,实践中欺诈行为大量存在,银行拒付等行为也带来一系列问题。本文分析了信用证独立抽象性原则的内容及效力,并分析了基于独立抽象性原则产生的信用证欺诈及其预防。
The letter of credit is independent of the contract of sale, and the payment of the bank is the concrete manifestation of the principle of independence and abstraction of the letter of credit. However, the letter of credit fraud arises from the settlement pattern that the payment is abstractly absent from the actual sale and purchase activity. The occurrence of the relevant letter of credit cases, has explained the letter of credit payment is not perfect, there is a large number of fraud in practice, bank protests and other acts also brought a series of problems. This article analyzes the content and effect of the independent abstract principle of letter of credit, and analyzes the fraud and prevention of the credit based on the principle of independent abstraction.