Borçlar hukuku açısından akreditife bakış
Başlık çevirisi mevcut değil.
- Tez No: 37288
- Danışmanlar: PROF.DR. AHMET M. KILIÇOĞLU
- Tez Türü: Yüksek Lisans
- Konular: Ekonomi, Hukuk, Economics, Law
- Anahtar Kelimeler: Akreditif, Borçlar hukuku, Letter of credit, Law of obligations
- Yıl: 1994
- Dil: Türkçe
- Üniversite: Ankara Üniversitesi
- Enstitü: Sosyal Bilimler Enstitüsü
- Ana Bilim Dalı: Belirtilmemiş.
- Bilim Dalı: Belirtilmemiş.
- Sayfa Sayısı: Belirtilmemiş.
Özet
Özet yok.
Özet (Çeviri)
241 SUMMARY Letter of credit is one of the forms of payment in international trade. If the buyer and the seller want to use this form of payment, they must decide on a special clause in the contract of sale. In this clause they must point out the necessity of payment by means of letter of credit» In a letter of credit transaction there are usually four parties. These parties are; the applicant for the credit, the issuing bank, the correspondent bank and the beneficiary. Although theoretically there can be letter of credit transactions without the correspondent bank, in prac tice this position is seldom seen. The applicant for the credit who app lies to the bank for the issuing of letter of credit is the buyer. The bu yer is also in the position of importer. The issuing bank which issues the letter of credit is in the applicant for the credit's country. Correspon dent bank which pays the money to the beneficiary in consideration of the documents presented by him is in his country. Beneficiary is both expor ter and seller. Letter of credit is qualified as a ball of relations, be cause of various relations between the determined parties. One of these re lations which is called letter of credit contract is the contract between the applicant for the credit and the issuing bank. The sources connected with arrangement of letter of credit can be classified in six groups. These are national law, exchange and foreign tra de arrangements, ICO Uniform Customs And Practice Tor Documentary Credits (UCP), custom, opinions and doctrine. The most important source is UCP. The last revision of these rules have been made in 1993 and come into for ce in 1.1.1994. These rules are taken into consideration in our thesis» There are two important characteristics of letter of credit. Firstly a letter of credit relation is independent from the contract of sale or the contracts which resemble it. Secondly banks deal with documents and not with goods to which the documents may relate. The legal nature of the letter of credit is debatable. There are two different opinions. According to the first opinion the legal nature of the letter of credit can be explained by one contract or unilateral transaction» The favorite legal classification of this opinion is assignment. On the cont rary the second opinion points out that the legal nature of the letter of credit can be explained by dividing it into several legal relations. The le gal relations between the parties are as follows: contract of sale between242 the buyer and the seller, contract of mandate between applicant for the credit and issuing bank, again contract of mandate between the issuing and correspondent banks, abstract claim between the correspondent bank and beneficiary. The second opinion is accepted in our thesis» The kinds of letter of credit are explained in detail in our study. Firstly letter of credit can be divided into two groups. Those are documen tary and simple letter of credit. Documentary letter of credit is examined in our thesis. Then especially revocable - irrevocable and confirmed ?* un confirmed letter of credits are examined» Also the various kinds of letter of credit such as transferable credit are explained. In the second part of our thesis the legal relations between the par ties are examined. The legal relationship between buyer and seller has se veral characteristics which differ from an ordinary contract of sale. The legal relationship between the applicant for the credit and issuing bank is based on contract of mandate. Same contract is made between issuing bank and correspondent bank. The correspondent bank's most important obligation is examining and deciding whether to accept or refuse the documents pre sented by the beneficiary. If the documents are appropriate to the clause of letter of credit, the correspondent bank will pay the money to the bene ficiary. In the third part of our thesis influence of insolvency to the letter of credit, attachment and ending of the letter of credit: are examined,,
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