Study On Legal Issues Of Independent Guarantees In International Financing

The development of international financing has brought about innovation in the guarantee system and independent guarantees have gradually emerged.However,the independence of independent guarantees breaks through the scope of traditional guarantees,and the performances of independent guarantees in various countries' commercial practices are not the same.Therefore,the independent guarantee system faces the dual challenges of standardization and legality.Besides,beneficiary frauds caused by its independence are deemed a systematic defect of independent guarantees.Fraud exception mechanism can effectively remedy the defect.From the perspective of national practice,domestic legislation,and international legal regulations,this paper systematically summarizes and sorts out independent guarantee systems and focuses on the legislative construction of China's independent guarantee system.In the future legislative process,the independent guarantee system can be included as an atypical security in our country's guarantee law,and we can further expect that the independent guarantee system will be written into our civil code.