Issues Regarding Transferable Credits under UCP600 Article 38

Drawing on the China case, Luoyang Aviation, Saibo Jin examines the relationship between the transferred credit and the original credit.

Issues Regarding Transferable Credits under UCP600 Article 38

Transfer, Re-Issuance, or Back to Back Credit? A Controversial Question

In a past Chinese case concerning a transferable credit,[[1]] the Intermediate People's Court of Jingdezhen raised the question of whether the UCP credit in dispute was a transferred credit or a re-issued credit. Indeed, under Chinese legal terminology, a 're-issued credit' refers to an issuing bank’s issuance of a new, separate credit. In contrast, a 'transferable credit' involves transferring part of the original credit according to UCP600 Article 38. Therefore, from the perspective of this rule, the term 'transferable credit' is more accurate.

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