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信用证欺诈是一种严重影响国际贸易的行为,以银行为欺诈对象的欺诈方式十分普遍,这不仅危害到银行的信誉及利益,也给国际贸易带来很大风险。在此情形下,银行一般以信用证欺诈例外原则为救济手段。但在适用信用证欺诈例外原则时,银行往往处于两难的境地,因此理清其权利义务有重要意义。笔者认为银行有止付权、调查权、受偿权;银行要履行合理谨慎地审核单据的义务、通知义务和禁令遵从义务。
L / C fraud is a serious act that affects international trade. It is very common for banks to cheat fraud, which not only endangers the credibility and interests of banks, but also brings great risks to international trade. Under such circumstances, banks generally use the principle of exception of credit fraud as a remedy. However, when applying the principle of credit fraud exception, banks are often in a dilemma, so it is of great significance to sort out their rights and obligations. The author believes that the bank has the right to stop payment, investigation and compensation; the bank shall perform its obligation of cautiously reviewing the document, notify the obligation and the obligation to comply with the ban.