Page 63 - 信用狀交易糾紛解析-信用狀理論及UCP在信用狀作業之應用
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第一章 信用狀與信用狀統一慣例
that pursuant to sub-Articles 10 (d) and 14 (a) nominated
banks are entitled to be reimburse d if they acted in compliance
with the terms and conditions of the credit.
However, there is an exception to these provisions in many
jurisdictions, namely abuse of righ ts, or fraud. The ambit of this
exception and the ensuing conseque nces for the beneficiary and/or
the nominated bank may differ from one local jurisdiction to
another. It is up to the courts to fairly protect the interests of all
bona fide parties concerned. ” ( 註 十 七 )
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