학술논문

Banco Santander and the UCP 600
Document Type
Journal Article
Source
J.B.L. 2008, 6, 508-525
Subject
Assignment
Authority
Banks
Early payments
Forgery
Letters of credit
Banking and finance
Equity
Language
English
ISSN
0021-9460
Abstract
ppraises the 2007 revision of the Uniform Customs and Practice for Documentary Credits (UCP), made in response to the judgment in Banco Santander SA v Bayfern Ltd on whether a commissioning bank which had paid out early under a forged letter of credit: (1) had taken an assignment of rights under the letter and therefore took no better right to payment from the issuing bank than the forger assignor; and (2) bore the risk of having paid out early. Explains its practical impact and the subsequent revision of the UCP. Reviews commentary on the revision. Argues that the revisions fail to address the issue of an assignee's rights.

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