Study On Legal Problems Of Independent Guarantee

The independent guarantee has been widely used in the fields of international fiancéand trade, developing in business and practice. It is different from collateral guarantee as a new style of human guarantee. The independent guarantee has some particular advantages in protection of creditor's rights and thus been stayed dominant place in guarantee of international fiancéand trade.At present, however, most countries in the world have not proclaimed in writing and there are diversified understandings in legal precedent and theory to independent guarantee. The provisions regarding it are still far away from perfection and maturity. So it is meaningful to study this problem systematically.This essay includes four parts:In chapter one, the author illustrates some of the fundamental issues of independent guarantee, such as its origin, concept, forms, and characteristics.Chapter two puts its emphasis on Demand Guarantee which is one main form of independent guarantee. In this part, the paper illustrates the main problems about Demand guarantee and we could learn more about independent Guarantee through these.Chapter three analyses how to make up for the inherent shortcomings of independent guarantee. It is an effective measure that grants a defense of"fraud exception"to against fraudulent claims.In conclusion, chapter four provides several pieces of advice for improving the legal system of independent guarantee after analyzing some of the problems in both theory and practice in our country.