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Record W2269901022

貨煥信用狀에서 詐欺除外法則(Fraud Exception Rule)이 개설신청인이나 제3당사자의 사기에도 적용되는가

2004· article· ko· W2269901022 on OpenAlexaboutno aff
오원석

Bibliographic record

Venue무역학회지 · 2004
Typearticle
Languageko
FieldBusiness, Management and Accounting
TopicLaw, logistics, and international trade
Canadian institutionsnot available
Fundersnot available
KeywordsAppealBeneficiaryStatutory lawLawBusinessInterpretation (philosophy)Identity theftPolitical scienceConventionRule of lawComputer securityPoliticsComputer science
DOInot available

Abstract

fetched live from OpenAlex

The purpose of this paper is to examine whether the fraud exception rule in documentary credit applies to the applicant or the third party, or not, though the statutory provisions and cases. The proper and reasonable interpretation of statutory provisions including UCC and UNCITRAL Convention is that the fraud rule is applicable if documents are forged or fraudulent, no matter who is responsible for them. However the typical case of United City Merchants v. Royal Bank of Canada has taken a different view. The courts (with the exception of English Court of Appeal) have hold that the fraud rule should not apply when the fraudulent party is the applicant or a third party other than the beneficiary. These decisions might damage the fundamental principle governing the application of the fraud rule. Thus this author insists that the determing factor in the application of the fraud rule is not the identity of the fraudulent party but the nature of the documents. No matter who commits the fraud, the fraud rule should be applied if the documents are forged or fraudulent.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame distilled prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. Learned from the 10,348 direct Codex labels and 10,348 direct Gemma labels. Candidate is the union of thresholded teacher heads; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels or direct frontier model labels.

metaresearch head score (Codex)0.000
metaresearch head score (Gemma)0.000
Version: codex-gemma-dda1882f352aValidation status: machine_predicted_unvalidated
Candidate categoriesMeta-epidemiology (narrow), Insufficient payload (model declined to judge)
Consensus categoriesInsufficient payload (model declined to judge)
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Theoretical or conceptual · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.704
Threshold uncertainty score1.000

Codex and Gemma teacher scores by category

CategoryCodexGemma
Metaresearch0.0000.000
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.000
Bibliometrics0.0000.000
Science and technology studies0.0000.000
Scholarly communication0.0010.002
Open science0.0010.000
Research integrity0.0000.000
Insufficient payload (model declined to judge)0.0040.010

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.027
GPT teacher head0.240
Teacher spread0.213 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; both teacher heads agree on what is shown here.

Study designTheoretical or conceptual
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations0
Published2004
Admission routes1
Has abstractyes

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