Page 210 - 進出口貿易與押匯實務疑難問題解析-首篇 (增修訂二版)

194 進出口貿易與押匯實務疑難問題解析 (首篇)

「提早押匯」之理由拒付，請問：
1. 「提早押匯」是否為瑕疵？

2. 進口商為急於提貨，L/C 通常規定裝船後 D 日內要提示單據，為何反
向規定裝船後 D 日後才可押匯？

3. 若本公司急需資金周轉怎麼辦？

一、來函所詢問題，國際商會銀行技術委員會，曾有類似之見解，茲摘錄於

后供參卓
“The entire contents of a letter of credit are to be adhered to by the beneficiary

and the negotiating bank to the extent that the terms and conditions apply. A
statement that negotiation is to be effected seven days after shipment, whilst not a

term that would be recommended by ICC, must be adhered to. On the basis that the
advising bank has forwarded the credit to the beneficiary it must have been in

agreement with that condition, and the beneficiary in effecting shipment thereunder

signified its agreement to the credit terms and conditions.”
“As you say, the clause does not remove the obligation of the issuing bank to

honour conforming documents, presented by the beneficiary, in accordance with the
terms of the credit. Under this credit, the issuing bank would be obliged to honour

on the seventh day after the date of shipment.”
－摘錄自“For recent Banking Commission Opinions”ICC DCI Vol.8, No.4,

Oct-Dec 2002.
意譯如下：

全部信用狀內容中可適用之條款及條件，受益人及押匯銀行皆須遵行；
押匯須於裝運日期後七日後辦理之規定，雖國際商會不建議採用之條款，但