Research On Legal Issues Of The Demand Guarantees

The demand guarantees has been a new style of human guarantee with the developmentof international finance and trade and international bank. The most characteristics isdeveloping the independence of the gurantee and abandoning from collateral guarantee.F’rom the development process of Chinas demand guar ante e, although in principle admittedthe leditimacy of the independence guanratee，it is in practice divided into international anddomestic trade,lack the objectivity of the law. Therefore,this article researchs theindependence of demand guarantees and in order to esbalish the relative independence ofdemand guarantees and correspoding legal system.This article makes some rough discussionof this unique system.The structure of this article is as follows.The first part defines the demand guarantees. Introduced rfom concept，type andcompared with other security methods to the source of law.The second part explores theindependence nature of Demand Guarantees and puts forward the countermeasures. It hasretaind the characteristics of the traditional collateral rfom the property,but alsobreakthrough the subordinate one.The third part explores the legal issues of the transfer ofdemand guarantees and puts forward countermeasures. The transfer should distinguishbetween the right of guarantees and the benefits.The fourth part explores the legal issuesrfaudulent claims for Demand Guarantees and puts forward countermeasures. First,to definerfaud claims of Demand Guarantees. Second, to point out the inadequacies of the rfaud ofDemand Guarantees.Failing to establish rfaud exception system，lack of recognizedstandards and only single remedies. Through the experience of other countries laws andregulations, to put forward a sound proposaLRecommeded that as soon as possible toesbalish the rfaud exception system,and to improve the standards of the claims of rfaudidentified. Then to increase the rfaud remedies---injunction and property preservationmeasures in our country.