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Study On The System Of Independent Guarantee

Posted on:2010-07-15Degree:MasterType:Thesis
Country:ChinaCandidate:X J WangFull Text:PDF
GTID:2166360278967664Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Since the early 20th century 70s, Independent security system has made rapid development. It is different from zhe traditional contracts, it is a new human security. With the development of the world economy, Independent guarantee is widely used In international tradeit , for its independence,Efficiency, speed and The protection of the interests of creditors. at present, Most countries Including china in the world there is no express provision of this new way of guarantee,States of jurisprudence and the theory also have different views,There are still many controversial issues unresolved . In this paper, I think our country will Interpretate《property law》, Combinatiing our commercial practice of the specific circumstances, China should introducto conditional independence of the security system in the domestic.This article is divided into three main parts:The first part is the basis of an independent legal theory security research, Introduces the emergence of an independent security,development and independence of the legal relationship, and Made on the value of independent analysis of the security system.Through the above-mentioned study, compared to the traditional security properties , independent guarantee have independence, irrevocable, and so significant advantages, it Can adapt to the development of international trade, most countries have attached great importance.The second part of Article research zhe use of independent security in practice, Security system independent of the basic rules of operation, the independent guarantee of the opening, modification and other issues, also Based on the characteristics of an independent security, Introduce the exceptional fraud principle of the independent guarantee.The third part of Article Firstly introduced on the independent guarantee of our legislative and judicial practice, Analysis some problems, Explore the necessity of establishment of an independent security system in our country. At last, In the basis of The principle of independent guarantees and the legal system, Put forward an initial proposal for The content of legislation and legislative in our country. This article In the basis of Comprehensive understanding of business in China to carry out independent security situation and the principal legal question existing Independent guarantee, Made a number of recommendations for Perfection of a security system independent. In This article I hope advice about independent guarantee of the perfect system is helpful to zhe development and the application of China's independent guarantee...
Keywords/Search Tags:Independent guarantee, Contract Guarantees, Demand Guarantees, Stand-by Letters of Credit
PDF Full Text Request
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