On Urdg758 The Applicable Laws In Our Country

The paper takes the International Chamber of Commerce 758th publication Uniform Rules for Demand Guarantees (URDG758) which recently became effective as the object of study. Its predecessor URDG458 played the important role on independent guarantee practice in international economy activity and effectively promoted the development of independent guarantee business, but still had many problems in practice. To solve the aforesaid problem, the International Chamber of Commerce amended and improved the existing demand guarantees rules and issued the new URDG758 based on the URDG458 version. Its finalization and the implementation have represented the newest independent guarantee achievement and the tendency. This paper attempts to summarize the main changes of URDG758, and hold the opinion that independent guarantee system plays a positive role in PRC domestic economy, simultaneously analyzes our Country existing legal system present situation and questions of the establishment specifically independent guarantee system. This paper analyzes the main problems regarding complying with URDG758 now and in the future in our Country, and raise suggestions on establishing independent guarantee system by improving legal system and improve operation practice. This paper has four chapters.The first chapter is outline, first introduces the URDG758 releasing background and the survey, and analyzes and summarizes the key points of URDG758, including but not limited to stressing to guarantee's independent nature, the strict claim condition documentary evidence request, integrating the counter-guarantee, specifying guarantee transfer stipulation and improving force majeure provision and etc.The second chapter elaborated the URDG758 superiority with in the domestic suitable insufficiency, first through carries on the comparison with other standard international convention URDG458, ISP98 and UCP600 to prove its superiority, then the paper introduces domestic laws and regulations governing independent guarantee and objective analysis the insufficiency of carrying on URDG758 in domestic.The third chapter elaborated URDG758 in the domestic suitable significance and the feasibility, in view of the fact that proper URDG is helpful to the creditor, the guarantor and debtor's benefit obtains full and the prompt safeguard. Therefore carrying on URDG758 in domestic is meaningful, afterward unified the practice to carry on the URDG758 in the domestic suitable feasibility.The fourth chapter discuss the key points regarding carrying on URDG758 in domestic including legal basis, guarantee transfer, force majeure and cheat countermeasure and etc. To help the independent guarantee system can well developed in domestic, the paper suggests to improving law system and proper judicature practice.