裝船保函與放貨保函之性質差異分析.pdf

1、華中科技大學碩士學位論文裝船保函與放貨保函之性質差異分析姓名：李敏琪申請學位級別：碩士專業(yè)：法律碩士指導教師：陳緒剛2010-05-15II華 中 科 技 大 學 碩 士 學 位 論 文 Abstract Bills of lading and the letter of credit system not only make international trades cross space and time, but also sec

2、ure the rights of the contacting parties. However, it is just the importance of bills of lading that makes countries around the world be strict in the bill of lading system, which affects the circulation of goods to some

3、 extent. Letters of indemnity, which is called the lubricant oil, emerge and become more and more universal with the development of the international trade. They make positive contribution to the shipping industry and th

4、e international trade; however, they bring negative influence as well. Therefore, people pay close attention to their legal validity. To meet the current situation, countries adapt their laws accordingly, but the results

5、 are unsatisfactory. In the writer’s opinion, the reason for the constant postponement with no decisive results for letters of indemnity is that people tend to take all the letters of indemnity as a whole and to analyze

6、them without sorting. This thesis tries to analyze the nature of letters of indemnity at shipment and that of letters of indemnity at discharge, trying to make clear the reasons for them and to bring in some solutions. T

7、his thesis is comprised of four parts. In the first chapter, the writer briefly gives an introduction of bills of lading and letters of indemnity. The importance of bills of lading in the shipping industry and the intern

8、ational trade and letters of indemnity, which is caused by bills of lading, are analyzed. In the second chapter, the writer analyzes the legal nature and legal validity of letters of indemnity at shipment from aspects

9、of their existence value and risks, theoretical analyses and practical perspectives, western countries and China’s points of view. The third part is about the analyses of letters of indemnity at discharge. The writer sta

10、rts from their existence value and risks, and then studies the traditional views and new perspectives. In the last part, the writer alleges that the issue of letters of indemnity at shipment is a legal problem about frau