问题 单项选择题

根据我国法律及相关司法解释的规定,在开证行与开证申请人无特别约定的情况下,下列关于开证行进行单证审查时单据与信用证条款、单据与单据之间不符点的说法正确的是:

A.尽管信用证项下单据与信用证条款之间、单据与单据之间表面上的不完全一致并不导致相互之间产生歧义,开证行也可认定其为不符点
B.开证行发现信用证项下存在不符点后,应当联系开证申请人接受不符点
C.即使开证申请人决定接受不符点,开证行也可最终决定拒绝接受不符点
D.即使开证行拒绝接受不符点,受益人也可以开证申请人已接受不符点为由要求开证行承担信用证项下的付款责任

答案

参考答案:C

解析: 参见最高人民法院《关于审理信用证纠纷案件若干问题的规定》第6条、第7条。

解答题
单项选择题

When there is blood in the water, it is only natural that dorsal fins swirl around excitedly. Now that America’s housing market is ailing, predators have their sights on the country’s credit-card market. Analysts at Goldman Sachs reckon that credit-card losses could reach $ 99 billion if contagion spreads from subprime mortgages to other forms of consumer credit. Signs of strain are clearly visible. There are rises in both the charge-off and delinquency rates, which measure the share of balances that are uncollectable or more than 30 days late respectively. HSBC announced last month that it had taken a $1.4 billion charge in its American consumer-finance business, partly because of weakness among card borrowers.

It is too early to panic, though. Charge-offs and delinquencies are still low. According to Moody’s, a rating agency, the third-quarter delinquency rate of 3.89% was almost a full percentage point below the historical average. The deterioration in rates can be partly explained by technical factors. A change in America’s personal-bankruptcy laws in 2005 led to an abrupt fall in bankruptcy filings, which in turn account for a big chunk of credit-card losses ; the number of filings (and thus charge-off rates) would be rising again, whether or not overall conditions for borrowers were getting worse.

The industry also reports solid payment rates, which show how much of their debt consumers pay off each month. And confidence in credit-card asset-backed securities is pretty firm despite paralysis in other corners of structured finance. Dennis Moroney of Tower Group, a research firm, predicts that issuance volumes for 2007 will end up being 25% higher than last year.

Direct channels of infection between the subprime-mortgage crisis and the credit-card market certainly exist: consumers are likelier to load up on credit-card debt now that home- equity loans are drying up. But card issuers look at cash flow rather than asset values, so falling house prices do not necessarily trigger a change in borrowers’ creditworthiness. They may even work to issuers’ advantage. The incentives for consumers to keep paying the mortgage decrease if properties are worth less than the value of the loan; card debt rises higher up the list of repayment priorities as a result.

Card issuers are also able to respond much more swiftly and flexibly to stormier conditions than mortgage lenders are, by changing interest rates or altering credit limits. That should in theory reduce the risk of a rapid repricing of assets. "We are not going to wake up one day and totally revalue the loans," says Gary Perlin, Capital One’ s chief financial officer.

If a sudden subprime-style meltdown in the credit-card market is improbable, the risks of a sustained downturn are much more real. If lower house prices and a contraction in credit push America into recession, the industry will undoubtedly face a grimmer future. Keep watching for those dorsal fins.

According to the author, what will the credit-card market become()

A. It will suffer from a gradual downward tendency, although not sudden collapse

B. It will suffer from a sudden collapse within a few days

C. It will force the card issuers to reconsider their policy, and thus restrain their business

D. It will make many banks suffer from negative profit for several years in the future