Bank guarantees in international trade : the law and practice of independent (first demand) guarantees and standby letters of credit in civil law and common law jurisdictions

書誌事項

Bank guarantees in international trade : the law and practice of independent (first demand) guarantees and standby letters of credit in civil law and common law jurisdictions

by R.I.V.F. Bertrams

(ICC publication, no. 547)

ICC , Kluwer Law International, c1996

2nd rev. ed

  • : Kluwer
  • : ICC

大学図書館所蔵 件 / 13

この図書・雑誌をさがす

注記

Previous ed.: Deventer : Kluwer Law and Taxation, c1990

Includes bibliographies (p. 407-413) and index

内容説明・目次

内容説明

Providing a study of the legal and practical aspects and implications of independent (first demand) guarantees and standby letters of credit, this work serves to broaden the understanding of the law on the subject of bank guarantees, whilst placing marked emphasis upon the practical implications and issues which can arise in the daily functioning of these legal instruments. The book comprises all reported case law from the Netherlands, Germany, France, the United Kingdom and Belgium. Also taken into account is the law in certain other European countries and the United States. Written from a transnational perspective, the book provides valuable insight into the governing law of bank guarantees in numerous regions, particularly within the Middle East and North Africa. The appendix includes, among other materials, the text of the 1992 ICC Uniform Rules for Demand Guarantees, the 1995 Uncitral Convention and many sample texts.

目次

1. Introduction. 2. Overview. 3. Types of Guarantee. 4. Conditions of Payment (Payment Mechanism) 5. Legal Nature. 6. Parties to the Underlying Relationship. 7. Role and Position of the Bank. 8. Drafting and Clauses. 9. Relationship Account Party - First Instructing Bank - Second Issuing Bank. Introduction and Structure. 10.Relationship Account Party-Bank. Direct Guarantee. 11. Relationship Account Party - First Instructing Bank - Second Issuing Bank. Indirect Guarantee. Counter-Guarantee. 12. Other Aspects of the Bank Guarantee. 13. The Demand for Payment. 14. The Concept of Fraud. 15. Fraud and the Position of the Bank. Bank's Liability in "After-Payment" Cases. 16. Fraud and Restraining Orders. 17. Conservatory Attachment and Mareva Injunctions. 18. Jurisdiction and Applicable Law. 19. Bank Guarantees and Construction Contracts. 20. Supporting Facilities by Export Credit Insurance Companies.

「Nielsen BookData」 より

関連文献: 1件中  1-1を表示

詳細情報

ページトップへ