Page 95 - 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
P. 95

第二章 信用狀統一慣例與信用狀作業



            being presented under the credit.
                 Where documents are presente  d to the confirming bank,

            within the validity of their undert
            and the confirming bank provides a   aking, and found to be discrepant,
                                             notice of refusal in accordance
            with the UCP, its undertaking woul  d no longer exist in respect of
            that presentation (subject to th  e beneficiary being unable to
            correct the discrepancy (ies)   within the credit timelines).

                 If the documents, on instructio  ns of the beneficiary, are
            subsequently sent to the issuing ba  nk on an approval basis and the

            discrepancies are waived, the confirming bank has no obligation to
            make payment unless it has indicate  d its willingness to do so at
            the time of providing its notice   of refusal. The presentation of

            discrepant documents to the co
            obligation under the credit unless   nfirming bank would end its
                                            it has stated otherwise, and the
            fact that the issuing bank accepts   a waiver of discrepancies would
            not futher obligate the confirming bank. ”(  註  五  )

                 開狀銀行是否受其所簽發修改書不可撤銷之拘束?


            【問題摘述】


                 一信用狀於       1998.12.21  簽發,規定     禁止   分  批裝  運,最   遲裝
            運  日  為  1998.12.25  。


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