【正文】 受益人無權(quán)援引不可抗力條款，要求銀行議付貨款。因?yàn)榕_(tái)風(fēng)發(fā)生在運(yùn)輸法律關(guān)系中，根據(jù)信用證獨(dú)立性原則，信用證法律關(guān)系一旦產(chǎn)生就相對(duì)獨(dú)立，不再受包括買賣合同在內(nèi)的任何法律關(guān)系的約束。銀行只對(duì)信用證本身負(fù) 責(zé)，不受運(yùn)輸或保險(xiǎn)等法律關(guān)系的約束。因此，本案中賣方無權(quán)援引不可抗力條款要求銀行再次議付貨款。 （ 4）本案可能采取由受益人提出修改信用證的要求，由開證行按實(shí)際裝運(yùn)日期，重新開立信用證。銀行可以按新開立的信用證議付貨款。 中國(guó) A公司與日本 B公司簽訂一項(xiàng)技術(shù)轉(zhuǎn)讓協(xié)議，該協(xié)議規(guī)定：中方在 5年內(nèi)享有該技術(shù)的使用權(quán)，且日方不得在約定的時(shí)間內(nèi)和中國(guó)再使用該技術(shù)。中方以此技術(shù)進(jìn)行產(chǎn)品開發(fā)生產(chǎn)， 3 個(gè)月后，中方發(fā)現(xiàn)在國(guó)內(nèi)市場(chǎng)上有同樣技術(shù)生產(chǎn)的產(chǎn)品問世。經(jīng)查是日本 B公司與中方 C公司共同投資組建的合資企業(yè) D公司生產(chǎn)的產(chǎn)品 。 （ 1）、中方 A公司與日方 B公司簽訂的合同在性質(zhì)上屬于何種合同？技術(shù)轉(zhuǎn)讓的合同從性質(zhì)上分為哪幾類？ （ 2）、中方 A公司如何尋求法律救濟(jì)？ 答：（ 1） Awggn B 公司簽訂的合同在性質(zhì)上屬于國(guó)際技術(shù)轉(zhuǎn)讓中的獨(dú)占許可合同。國(guó)際技術(shù)轉(zhuǎn)讓許可合同從性質(zhì)上可分為：獨(dú)占許可合同、排他許可合同和普通許可合同三類。 （ 2）由于 A 公司與 B 公司所簽訂的國(guó)際技術(shù)轉(zhuǎn)讓協(xié)議在性質(zhì)上屬于獨(dú)占許可合同，根據(jù)該合同的規(guī)定，受讓方 A公司取得在中國(guó)境內(nèi) 5年的該技術(shù)的獨(dú)占使用許可，既不允許 B公司來中國(guó)，在合同約定的 5年使用該技術(shù)，也 不允許任何第三方（其他方式的技術(shù)轉(zhuǎn)讓）使用該技術(shù)。而在本案中， B 公司違反約定，將該技術(shù)用作投資與中國(guó) C公司建立中外合資企業(yè)，已違反國(guó)際許可合同中關(guān)于獨(dú)占許可合同的規(guī)定。因此，中方 A公司可以在中國(guó)對(duì)日方 B公司違反獨(dú)占許可合同的行為尋求法律救濟(jì)，以違約為由訴諸法院。同時(shí)， A 公司也可以以 D 公司為被告，訴其侵犯 A公司在中國(guó)境內(nèi)該項(xiàng)技術(shù)的獨(dú)占使用權(quán)。 請(qǐng)您刪除一下內(nèi)容， O(∩ _∩ )O 謝謝！?。　?China39。s 10 mustsee animations】 The Chinese animation industry has seen considerable growth in the last several years. It went through a golden age in the late 1970s and 1980s when successively brilliant animation work was produced. Here are 10 mustsee classics from China39。s animation outpouring that are not to be missed. Let39。s recall these colorful images that brought the country great joy. Calabash Brothers Calabash Brothers (Chinese: 葫蘆娃 ) is a Chinese animation TV series produced by Shanghai Animation Film Studio. In the 1980s the series was one of the most popular animations in China. It was released at a point when the Chinese animation industry was in a relatively downed state pared to the rest of the international munity. Still, the series was translated into 7 different languages. The episodes were produced with a vast amount of papercut animations. Black Cat Detective Black Cat Detective (Chinese: 黑貓警長(zhǎng) ) is a Chinese animation television series produced by the Shanghai Animation Film Studio. It is sometimes known as Mr. Black. The series was originally aired from 1984 to 1987. In June 2021, a rebroadcasting of the original series was announced. Critics bemoan the series39。 violence, and lack of suitability for children39。s education. Proponents of the show claim that it is merely for entertainment. Effendi Effendi, meaning sir and teacher in Turkish, is the respectful name for people who own wisdom and knowledge. The hero39。s real name was Nasreddin. He was wise and witty and, more importantly, he had the courage to resist the exploitation of noblemen. He was also full of passion and tried his best to help poor people. Adventure of Shuke and Beita【舒克與貝塔】 Adventure of Shuke and Beita (Chinese: 舒克和貝塔 ) is a classic animation by Zheng Yuanjie, who is known as King of Fairy Tales in China. Shuke and Beita are two mice who don39。t want to steal food like other mice. Shuke became a pilot and Beita became a tank driver, and the pair met accidentally and became good friends. Then they befriended a boy named Pipilu. With the help of PiPilu, they cofounded an airline named Shuke Beita Airlines to help other animals. Although there are only 13 episodes in this series, the content is very pact and attractive. The animation shows the preciousness of friendship and how people should be brave when facing difficulties. Even adults recalling this animation today can still feel touched by some scenes. Secrets of the Heavenly Book Secrets of the Heavenly Book, (Chinese: 天書奇談 ) also referred to as Legend of the Sealed Book or Tales about the Heavenly Book, was released in 1983. The film was produced with rigorous dubbing and fluid bination of music and vivid animations. The story is based on the classic literature Ping Yao Zhuan, meaning The Suppression of the Demons by Feng Menglong. Yuangong, the deacon, opened the shrine and exposed the holy book to the human world. He carved the book39。s contents on the stone wall of a white cloud cave in the mountains. He was then punished with guarding the book for life by the jade emperor for breaking heaven39。s law. In order to pass this holy book to human beings, he would have to get by the antagonist fox. The whole animation is characterized by charming Chinese painting, including pavilions, ancient architecture, rippling streams and crowded markets, which fully demonstrate the unique beauty of China39。s natural scenery. Pleasant Goat and Big Big Wolf【喜洋洋與灰太狼】 Pleasant Goat and Big Big Wolf (Chinese:喜羊羊與灰 太狼 ) is a Chinese animated television series. The show is about a group of goats living on the Green Pasture, and the story revolves around a clumsy wolf who wants to eat them. It is a popular domestic animation series and has been adapted into movies. Nezha Conquers the Dragon King（ Chinese: 哪吒鬧海） is an outstanding animation issued by the Ministry of Culture in 1979 and is based on an episode from the Chinese mythological novel Fengshen Yanyi. A mother gave birth to a ball of flesh shaped like a lotus bud. The father, Li Jing, chopped open the ball, and beautiful boy, Nezha, sprung out. One day, when Nezha was seven years old, he went to the nearby seashore for a swim and killed the third son of the Dragon King who was persecuting local residents. The story primarily revolves around the Dragon King39。s feud with Nezha over his son39。s death. Through bravery and wit, Nezha finally broke into the underwater palace and successfully defeated him. The film shows various kinds of attractive sceneries and the traditional culture of China, such as spectacular mountains, elegant sea waves and exquisite ancient Chinese clothes. It has received a variety of awards. Havoc in Heaven The story of Havoc in Heaven（ Chinese: 大鬧天宮） is based on the earliest chapters of the classic story Journey to the West. The main character is Sun Wukong, aka the Monkey King, who rebels against the Jade Emperor of heaven. The stylized animation and drums and pe