Research On Marine Letter Of Guarantee From Legal Perspective

International maritime transport by sea of guarantee and application have been the increasing concern in the seaborne theory and practice for a very long time. As an international shipping business in a common credit card, shipping guarantees is not only an important industry practice, but also an urgent need for questions of law. The emergence of maritime security and application, on the one hand, the international trade has brought about tremendous convenience and great economic value, on the other hand, guarantee brings about a strong impact on traditional international trade order constitutes, particularly reduced Bill of lading of trust and security, and trade fraud provides an opportunity for the right. Therefore, the law on maritime security issues which were studied, in particular on its legal nature, validity range, bond fraud issue, not only on our shipping practice smoothly have significant value and significance, to improve and develop our maritime legislation but also has a positive role in promoting. Article first chapter will be transported by sea of guarantee on the basis of the definition, analysis of maritime security, basic characteristics and forms of expression. In the practice of several common guarantees described at the same time, also from the perspective of civil law as it existed justification and without validity analysis, pointing out that the contradiction is located, and the existence of maritime security problems. Article chapter II will focus on the legal nature of maritime security, the difference between the different bodies and different situations letter, and its legal nature into the analysis. Chapter three focuses on marine article guarantee the legal validity of problem analysis, through the use of comparative analysis, summary of countries to the extent required by law, and the Hamburg Rules on the legal effect of the attitude, and on our shipping practice in several guarantees and practices be analysis. Article IV on shipping guarantee in practice may give all parties the risks, and they are to research and propose the appropriate measures, to protect against risk, better application of guarantee in practice. In addition, for our legal provisions on shipping guarantee imperfect, this article attempts to establish a perfect guarantee of maritime legislation, combined with the practice of the relevant legislative proposals, to make shipping guarantee better promote international trade and the development of maritime transport.