信用证的独立性与买卖双方的非独立性

信用证独立于买卖合同,但是买卖双方既受信用证的支配,又受买卖合同的支配,所以双方的权利义务并不能完全取决于信用证。当存在信用证与买卖合同不一致的情况时,如果履行信用证的义务不会与履行主合同义务相冲突,那么卖方应该既履行主合同义务,还要履行信用证之规定;如果相冲突,可以认为信用证对卖方之义务是买方通过银行向卖方提出的一种新要约,卖方按照信用证行事属于一种对新要约的承诺。

The Independence of L/C and Dependence of the Parties

Letter of credit is independent of the business contract, but the partners of contract are controlled by both letter of credit and the business contract. Therefore, the right and obligation of the partners of contract cannot depend on letter of credit absolutely. When the letter of credit doesn't accord with the business contract, the seller should perform both the business contract and the letter of credit, if the duties of the letter of credit won't conflict with the duties of the business contract. Otherwise, the obligation prescribed by letter of credit should be regarded as a new offer from the buyer through the bank; it will be regarded as acceptance to the new offer, if the seller meets the letter of credit's engagement.