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The Risk Prevention Of Demand Guarantees

Posted on:2009-03-15Degree:MasterType:Thesis
Country:ChinaCandidate:J J ZhengFull Text:PDF
GTID:2166360242987953Subject:Law
Abstract/Summary:PDF Full Text Request
As the rapid growth of the international economic, a faster , safer and much more convenient economic transaction is preferable. The Demand Guarantee was produced in the meantime. It accepted by more and more people because of its characteristics. While, there are branch viewpoints about the understanding of the Demand Guarantee ,and the legislation for it is not perfect , which leading to the irregular operation and increasing the risk that the commercial subject faced. That is all the reasons for the thesis.There are four chapters for the thesis.The first chapter is about the theory for the Demand Guarantees .In the first place, I introduce the concept of the Demand Guarantees to you. There is not an accurate concept about Demand Guarantees now, an accurate concept is needed. In the second place, the history of Demand Guarantees is presented, then you can know much more about it. At last,It is the essence of the Demand Guarantees which called the independence. It is the core point of the Demand Guarantees. Because of that, the Demand Guarantee is Unique .While ,this characteristic increases the risk of the operation of Demand Guarantees yet, the introduction of this characteristic is also the basis for the article followed.The second chapter is the source of law about Demand Guarantees, such as,< Uniform Rules for Contract Guarantees>,< Uniform Rules for Demand Guarantees>,and so on. The importance of this international law is listed ,as well as the differences . Maybe this introduction is helpful to the legislation of the Demand Guarantees .In addition, the law of Iran is referred, which is helpful to complete the law of China .The third Chapter is about the operation of the Demand Guarantees. The identification of Demand Guarantees, the form of it, the terms of payment, etc. Most important of that is the clause of cheat, the relieve clause is still."Mareva injunction"is quoted ,much more point of view in the chapter can be referred to complete the law in China.The fourth chapter is a summary .It included the introduction of the law of China about the Demand Guarantees, and the suggestion about how to complete the law of China .Finally, It is the suggestion to the risk prevention of the bank and the international project.The conclusion, the risk prevention is important to the operation of Demand Guarantees.
Keywords/Search Tags:Demand Guarantees, the Independence, The unfair claimant, the mechanism of stop payment, Mareva injunction
PDF Full Text Request
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