国际第六章.pptVIP

第六章 国际贸易支付 第一节 国际贸易的支付工具 国际贸易中的支付工具主要包括货币和票据。 以货币支付指使用现金支付的方式，国际货物买卖合同中规定的支付货币必须是可以自由兑换的货币，既可以是进口国的贷币、也可以是出口国的货币或第三国的货币。 第一节 国际贸易的支付工具 The Law Governing Bills of Exchange Until the middle of the seventeenth century, bills of exchange were governed by a single international law, the lex mercatoria. This law defined the bill of exchange as an instrument that allowed upermutatio pecumae presentis cum absenti (an exchange of money by one who is present with one who is absent). 第一节 国际贸易的支付工具 In 1896, in the United States, the National Conference on Commissioners of Uniform Laws drafted a Uniform Negotiable Instruments Law (UNTL), which was largely based on the BEA. By 1920, all of the American states had adopted the UNIL. Then, in the 1940s, the UNTL was modernized and integrated into the more comprehensive Uniform Commercial Code (UCC), which by 1950 had been adopted in all states except Louisiana. 第一节 国际贸易的支付工具 On the European continent, there were calls throughout the latter half of the nineteenth century for the creation of an international negotiable instruments law. Finally, in 1907, a conference convened at The Hague to draw up a convention. A draft was agreed to in 1912, but World War I interrupted ratification. The League of Nations then organized a series of conferences to update the 1912 draft. In 1930, three Geneva Conventions on the Unification of the Law Relating to Bills of Exchange (ULB) were signed. 第一节 国际贸易的支付工具 The following year, two additional Geneva Conventions on Unification of the Law Relating to Checks (ULC) were also signed. Within 15 years, the ULB and ULC had been ratified by most continental European countries, and today they serve as the standard laws governing bills of exchange and checks in virtually every nation. 第一节 国际贸易的支付工具 一、票据的概念及法律特性 票据是出票人依法签发的由自己或指示他人无条件支付一定金额给受救人或持票人的有价证券，即某些可以代替现金流通的有价证券。 第一节 国际贸易的支付工具 票据的法律特性如下： (一)票据的流通性 (二)票据的无因性 (三)票据的要式性 E. NEGOTIABILITY OF BILLS AND NOTES To be negotiable, a bill or note must