On The Legal Problems Of Bank Guarantee In International Trade

With the continuously enlarging of international economic company, bank guarantee which used in international trade is more important. At present, the most majority countries in the world indued China, haven't made statute law about bank guarantee. The practice and law theory in every country have different opinions. And there are many discussing problems have no result. So it is very necessary to study this topic.With the comparing and analyzing method, emphasize on the legal practice of some country, base on some country's statute law, the article makes a comprehensive and deep study of the legal problems on bank guarantee in international trade.The article consists of five chapters. Mainly include categories and characters used in international trade and the sources of law of bank guarantees; makes a specific and detailed study on the two forms of bank guarantees-bank bond and standby letter of credit; jurisdiction and choice-of -law in bank guarantees. At last ,present a brief summary and analysis of China's current legislation and practice for bank guarantees and puts forward the author's preliminary proposals for perfecting the relevant legislation and practice in our country.