换取清洁提单的保函的效力问题探讨  

A Research on the Validity of Letters of Indemnity in Gaining Clean Bill of Lading

作　　者：黄伟青[1] 

机构地区：[1]广州海事法院

出　　处：《中国海商法年刊》1994年第1期60-72,共13页Annual of China Maritime Law

摘　　要：Proceeding from the basic principles of maritime and civil laws,this article, by refering to judicial practice,analyzes the legal characters of the letter of indemnity, its validity, invalidity and scope in gaining clean bill of lading. Meanwhile the author presents his point of view that the letter of indemnity should be annexed with extra conditions. The article also discusses some methods in distinquishing between letters of indemnity in good faith and malicious ones. Finally,it reaches the conclusion that the validity of letter of indemnity only involves the carrier and consignee. The auther suggests that China should stipulate clearly the validity of letter of indemnity inmaritime legislation.Proceeding from the basic principles of maritime and civil laws,this article, by refering to judicial practice,analyzes the legal characters of the letter of indemnity, its validity, invalidity and scope in gaining clean bill of lading. Meanwhile the author presents his point of view that the letter of indemnity should be annexed with extra conditions. The article also discusses some methods in distinquishing between letters of indemnity in good faith and malicious ones. Finally,it reaches the conclusion that the validity of letter of indemnity only involves the carrier and consignee. The auther suggests that China should stipulate clearly the validity of letter of indemnity inmaritime legislation.

关 键 词：清洁提单 保函 法律效力 法律特征 赔偿责任 效力范围 中国 

分 类 号：D922.294[政治法律—经济法学]