A Study On Some Legal Aspects Of Independent Guarantees

Independent guarantee is a new type of guarantee and the provisions relating to it are far from perfection both at home and abroad. This paper, employing a method of comparative study, first gives a deep analysis to the concept of independent guarantee and the relationship between independent guarantee and other legal systems, then it focuses on some main issues, such as the legal relationships involved in independent guarantee, the rights and obligations of applicants and beneficiaries, the defence rights of guarantors, etc, and sets forth some view points of the author's own. Considering the rareness of relevant research results in this area, the study conducted in this paper is of some initial nature.