Page 477 - 進出口外匯實務

託收業務
4

則代收銀行須依據託收指示之條款辦理，代收銀行須對匯票參

與承兌或附加保證，此代收銀行既未依據託收指示之條款辦
理， 亦 未依據 URC522 第 7 條之規定交付單據。 “The terms of

sub-Article 1(b) and (c) allow th e collecting bank the opportunity
to decline any participation in the transaction for any reason,

which would include the request for ion by delivering the documents it to co-accept or add its aval.
Having entered into the transact

against the acceptance of the dr
agreeing to act in accordance with the terms of the collection

ld have either co-accepted or
schedule. The collecting bank shou awee, the collecting bank is
added its aval to the draft(s) Th e collecting bank has not acted in

accordance with the terms of the collection instruction, nor, in
respect of the release of the documents, Article 7 of URC522.”

惟 代收銀行在其不應期待代收銀行將 主張 ， 亦 是正確 會 對付款人承兌之匯 種安排 應與
的
票參與承兌或附加其保證之
，此
用
信
the collecting bank is correct in it 狀 之 ( 兌付 ) 承 諾較 相似，而非代收之 s assertion that a collecting bank 處 理。 “However,

should not be expected to add its co-acceptance or aval to a draft
accepted by the drawee. This type of arrangement is more in line

with the commitment under a letter of credit than of a
collection.”( 註一 )

467