英文法律词典 L-26
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LETTER OF CREDENCE1, international law. A written instrument addressed by the sovereign or chief magistrate2 of a state, to the sovereign or state to whom a public minister is sent, certifying3 his appointment as such, and the general objects of his mission, and requesting that full faith and credit may be given to what he shall do and say ou the part of his court.

2. When it is given to an ambassador, envoy4, or minister accredited5 to a sovereign, it is addressed to the sovereign or state to whom the minister is delegated in the case of a chargÇ d'affaires, it is addressed by the secretary or minister of state charged with the department of foreign affairs to the minister of foreign affairs of the other government. Wheat. International Law, pt. 3, c. 1, §7; Wicquefort, de l'Ambassadeur, l. 1, §15.

LETTER OF CREDIT, contracts. An open or sealed letter, from a merchant in one place, directed to another, in another place or country, requiring him that if a person therein named, or the bearer of the letter, shall have occasion to buy commodities, or to want money to any particular or unlimited6 amount, either to procure7 the same, or to pass his promise, bill, or other engagement for it, the writer of the letter undertaking8 to provide him the money for the goods, or to repay him by exchange, or to give him such satisfaction as he shall require, either for himself or the bearer of the letter. 3 Chit Com. Law, 336; and see 4 Chit. Com. Law, 259, for a form of such letter.

2. These letters are either general or special; the former is directed to the writer's friends or correspondents generally, where the bearer of the letter may happen to go; the latter is directed to some particular person. When the letter is presented to the person to whow it is addressed, he either agrees to comply with the request, in which case he immediately becomes bound to fulfil all the engagements therein mentioned; or he refuses in which case the bearer should return it to the giver without any other proceeding9, unless, indeed, the merchant to whom the letter is directed is a debtor10 of the merchant who gave the letter, in which case he should procure the letter to be protested. 3 Chit. Com. Law, 337; Malyn, 76; 1 Beaw. Lex Mer. 607; Hall's Adm. Pr. 14; 4 Ohio R. 197; 1 Wllc. R. 510.

3. The debt which arises on such letter, in its simplest form, when complied with, is between the mandator and the mandant; though it may be so conceived as to raise a debt also against the person who is supplied by the mandatory11. 1. When the letter is purchased with money by the person wishing for the foreign credit; or, is granted in consequence of a check on his cash account, or procured12 on the credit of securities lodged13 with the person who granted it; or in payment of money due by him to the payee; the letter is, in its effects, similar to a bill of exchange drawn14 on the foreign merchant. The payment of the money by the person on whom the letter is granted raises a debt, or goes into account between him and the writer of the letter; but raises no debt to the person who pays on the letter, against him to whom the money is paid. 2. When not so purchased, but truly an accommodation, and meant to raise a debt on the person accommodated, the engagement, generally is, to see paid any advances made to him, or to guaranty any draft accepted or bill discounted and the compliance15 with the mandate16, in such case, raises a debt, both against the writer of the letter, and against the person accredited. 1 Bell's Com. 371, 6th ed. The bearer of the letter of credit is not considered bound to receive the money; he may use the letter as he pleases, and he contracts an obligation only by receiving the money. Poth. Contr. de Change, 237.



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1 credence Hayy3     
n.信用,祭器台,供桌,凭证
参考例句:
  • Don't give credence to all the gossip you hear.不要相信你听到的闲话。
  • Police attach credence to the report of an unnamed bystander.警方认为一位不知姓名的目击者的报告很有用。
2 magistrate e8vzN     
n.地方行政官,地方法官,治安官
参考例句:
  • The magistrate committed him to prison for a month.法官判处他一个月监禁。
  • John was fined 1000 dollars by the magistrate.约翰被地方法官罚款1000美元。
3 certifying fb18ddb0ac22a2a37ae82d54cdb1d1e7     
(尤指书面)证明( certify的现在分词 ); 发证书给…; 证明(某人)患有精神病; 颁发(或授予)专业合格证书
参考例句:
  • Signed Commercial in quintuplicate, certifying merchandise to be of Chinese origin. 签署商业发票一式五份,证明产品的原产地为中国。
  • Other documents certifying the truthfulness of the contents of the advertisements. (三)确认广告内容真实性的其他证明文件。
4 envoy xoLx7     
n.使节,使者,代表,公使
参考例句:
  • Their envoy showed no sign of responding to our proposals.他们的代表对我方的提议毫无回应的迹象。
  • The government has not yet appointed an envoy to the area.政府尚未向这一地区派过外交官。
5 accredited 5611689a49c15a4c09d7c2a0665bf246     
adj.可接受的;可信任的;公认的;质量合格的v.相信( accredit的过去式和过去分词 );委托;委任;把…归结于
参考例句:
  • The discovery of distillation is usually accredited to the Arabs of the 11th century. 通常认为,蒸馏法是阿拉伯人在11世纪发明的。
  • Only accredited journalists were allowed entry. 只有正式认可的记者才获准入内。
6 unlimited MKbzB     
adj.无限的,不受控制的,无条件的
参考例句:
  • They flew over the unlimited reaches of the Arctic.他们飞过了茫茫无边的北极上空。
  • There is no safety in unlimited technological hubris.在技术方面自以为是会很危险。
7 procure A1GzN     
vt.获得,取得,促成;vi.拉皮条
参考例句:
  • Can you procure some specimens for me?你能替我弄到一些标本吗?
  • I'll try my best to procure you that original French novel.我将尽全力给你搞到那本原版法国小说。
8 undertaking Mfkz7S     
n.保证,许诺,事业
参考例句:
  • He gave her an undertaking that he would pay the money back with in a year.他向她做了一年内还钱的保证。
  • He is too timid to venture upon an undertaking.他太胆小,不敢从事任何事业。
9 proceeding Vktzvu     
n.行动,进行,(pl.)会议录,学报
参考例句:
  • This train is now proceeding from Paris to London.这次列车从巴黎开往伦敦。
  • The work is proceeding briskly.工作很有生气地进展着。
10 debtor bxfxy     
n.借方,债务人
参考例句:
  • He crowded the debtor for payment.他催逼负债人还债。
  • The court granted me a lien on my debtor's property.法庭授予我对我债务人财产的留置权。
11 mandatory BjTyz     
adj.命令的;强制的;义务的;n.受托者
参考例句:
  • It's mandatory to pay taxes.缴税是义务性的。
  • There is no mandatory paid annual leave in the U.S.美国没有强制带薪年假。
12 procured 493ee52a2e975a52c94933bb12ecc52b     
v.(努力)取得, (设法)获得( procure的过去式和过去分词 );拉皮条
参考例句:
  • These cars are to be procured through open tender. 这些汽车要用公开招标的办法购买。 来自《现代汉英综合大词典》
  • A friend procured a position in the bank for my big brother. 一位朋友为我哥哥谋得了一个银行的职位。 来自《用法词典》
13 lodged cbdc6941d382cc0a87d97853536fcd8d     
v.存放( lodge的过去式和过去分词 );暂住;埋入;(权利、权威等)归属
参考例句:
  • The certificate will have to be lodged at the registry. 证书必须存放在登记处。 来自《简明英汉词典》
  • Our neighbours lodged a complaint against us with the police. 我们的邻居向警方控告我们。 来自《简明英汉词典》
14 drawn MuXzIi     
v.拖,拉,拔出;adj.憔悴的,紧张的
参考例句:
  • All the characters in the story are drawn from life.故事中的所有人物都取材于生活。
  • Her gaze was drawn irresistibly to the scene outside.她的目光禁不住被外面的风景所吸引。
15 compliance ZXyzX     
n.顺从;服从;附和;屈从
参考例句:
  • I was surprised by his compliance with these terms.我对他竟然依从了这些条件而感到吃惊。
  • She gave up the idea in compliance with his desire.她顺从他的愿望而放弃自己的主意。
16 mandate sj9yz     
n.托管地;命令,指示
参考例句:
  • The President had a clear mandate to end the war.总统得到明确的授权结束那场战争。
  • The General Election gave him no such mandate.大选并未授予他这种权力。
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