Chapter11（课件)《国际贸易实务与案例分析（双语版）》同步教学（清华大学出版社）

Chapter 11 Cases on Different Subjects of International Business 第11章 国际货物贸易专题案例及解析 Section 1 Cases on Payment 第1节支付案例 Case 1 Does confirming bank have recourse to beneficiary？ 案例 1保兑银行有追索权吗？ 2 Description of the case： Notifying bank is requested by opening bank to confirm a credit, but it is not prepared to do so, accordingly, it informs opening bank without any delay, and at the same time delivers beneficiary the credit without confirmation. This credit is freely negotiation credit, after beneficiary performs contract and does as requested in credit, beneficiary presents documents for negotiation with this notifying bank, this bank pays in exchange for documents, then asks opening bank for reimbursement,but opening bank refuses reimbursement, could this notifying bank recourse beneficiary? If this notifying bank accepts to confirm the credit, does it have recourse to the beneficiary? 案例描述： 某信用证的开证行要求通知行保兑付款，通知行不准备照办，并毫不迟延地通知开证行，同时向受益人未加具保兑通知此信用证。该信用证为自由议付信用证，受益人履行合同信用证各项规定后，向该通知行交单议付，该行付款买单，然后向开证行要求偿付，遭开证行拒付，该行可否向受益人追索？如果该通知行接受保兑，又可否向受益人追索？ Analysis of the case: If this notifying bank does not confirm the credit,it has recourse to beneficiary as a common negotiating bank. If this notifying bank confirms the credit,it has no recourse to beneficiary as a conforming bank. Confirmation means a definite undertaking of the confirming bank in addition to that of the opening bank to honor or negotiate a complying presentation. Confirmation is usually made by adding confirmation words to credit by confirming bank,for examples,“This credit is confirmed by us”,“ We hereby add confirmation to this credit and we undertake that documents presented for payment in conformity with the terms of this credit will be duly paid on presentation”,and so on.  The security provided by an irrevocable credit is further enhanced if a bank is requested by opening bank to add it's confirmation, thus making it a confirmed credit, the exporter then has a confirmed irrevocable credit and