Negotiating Legal Research

Negotiation under guarantee are consisted by Negotiation under guarantee for import and Negotiation under guarantee for export, But Negotiation under guarantee for import and Negotiation under guarantee for export have totally differently meaning, and because there are no clear regulation to both of it in China. I t have restricted bank to expand the business. So, in this essay, I want to analyze the meaning and compare similar meaning, such as negotiation, and analyze some problems arise from negotiation under guarantee for import and Negotiation under guarantee for export. Along with China become the member of WTO, It become more and more urgent to do perfect the regulation of Negotiation under guarantee. In this article I offer some advice to help bank expand the business. This article is divided to two parts.Part one Legal problems on negotiation under guarantee for export Main problems are:1,Definition of negotiation under guarantee for export, Introduce the meanings of negotiation under guarantee for export.2,Procession of negotiation under guarantee for export, and analyze main problems of negotiation under guarantee for export. 3,Compare Negotiation under guarantee for export with negotiation, make the meaning and character of negotiation under guarantee for export.4,Analyze the legal relationships of negotiation under guarantee for export. Such as relationship between negotiating bank and exporter, relationship between negotiating bank and exporter, relationship between negotiating bank (Beneficiary) and Issuing Bank.5,Obligations and rights of parties in negotiation under guarantee for export. Analyze obligations and rights of issuing bank, and negotiation bank.6,Analyze the flaw of negotiation under guarantee for export documents. Analyze the documents transporting flaw and responsibility and countermeasure in negotiation under guarantee for export. Analyze the documents transporting delay and legal effect and countermeasure in negotiation under guarantee for export.Part two Legal problems on negotiation under guarantee for import.Main problems are:1,Purport of negotiation under guarantee for import. Analyze the purport of negotiation under guarantee for import lies in double winners both to the import and issuing bank.2,The Concept and characteristic of negotiation under guarantee for import. Analyze the meaning and process of negotiation under guarantee for import.3,If negotiation under guarantee for import forms a new relation. Through analyze a case of the first intermediate court, analyze negotiation under guarantee for import forms a new relationship.4,Analyze typical case of negotiation under guarantee for import, Through analyze a typical case, analyze the frequenter problems of negotiation under guarantee for import.5,Rights on importing documents and its goods of issuing bank. Introducing theories of rights on importing documents and its goods of issuing bank. There are theory of ownership right, theory of pledge right, theory of lien right, theory of impawn right.6,Issuing bank trusts all the importing documents to proposer will not result in out of hand of issuing bank, and regulations in trust law do not conflict with guarantee law. Through analyze the law and practise, and get the result that issuing bank trust all the importing documents to proposer will not result in out of hand of issuing bank. 7,Responsibility of issuing warrantor. Analyze reason and countermeasures of responsibility of issuing warrantor.8,Reasonable interpreting of Sicherung-subereignung to negotiation under guarantee for import. Analyze concept and characteristic of Sicherung-subereignung, and case and theories of Continental Law. 9,Analyze problems of trust receipt. Analyze concept, character and evolution of trust receipt.10,Character of trust property right. Analyze character and scope of trust property right.11,Analyze the main problems and countermeasures of trust receipt. 12,Risk and countermeasures of negotiation under guaran...