Research On Demand Guarantee System Of International Trade

With the development of globalization,international economic and trade activities increasing use of demand guarantees have become more frequent.Generate demand guarantees that follow the historical development and economic needs of trade,because it is different from the legal characteristics of the subsidiary guarantee of tradition,making it quickly favored by the majority of international traders.Since the 1970 s,the earliest Demand Guarantees,just a few decades,countries for its practice and research has maintained a high degree of enthusiasm.For our demand guarantees in the 1980's,there have been cases related to practice,but for the domestic system has not developed specific legislation.Can be learned from the relevant statute sporadic guarantee law and so on,our principle is to admit it legal status in international commercial transactions,but the Supreme Court and there have been precedents for Demand Guarantees were denied legal status in domestic law.Therefore,to our long-term economic development,to demand guarantees system systematic and detailed study has important significance.Full text altogether is divided into four parts to elaborate.The first chapter mainly discusses the outline of the system of the letter of guarantee of the cable in two aspects,including the reasons for the emergence of the letter of guarantee and its historical origins,as well as the definition of its concept by the scholars of various countries,through the comparison between the independent guarantee and the letter of guarantee,and the introduction of the relevant definition of the international treaty,deepen the understanding of the definition of the letter of guarantee.The second chapter mainly introduces the legal characteristics of the letter of guarantee.First of all,using the content of large space to analyze the essential characteristics of the letter of guarantee,its essential feature is its independence,including its meaning,reasons and manifestations.After that,the paper introduces the other legal features of the letter of guarantee,including three features,namely,unconditional features,document characteristics and consistency principle.Chapter three mainly deals with the three basic legal issues concerning the letter of guarantee,including the introduction of the parties to the letter of guarantee and the general discussion of the legal relationship between the parties.The third problem is that both the academic and the practical circles are very concerned about the issue of letter of guarantee fraud,which is mainly discussed in this paper,including the reasons of the letter of guarantee fraud,the cognizance of fraud and the introduction of the principle of fraud exception.The fourth chapter mainly discusses the risk prevention and related measures of the letter of guarantee.This issue is the ultimate goal of the study of this system is also the most important,the prevention of the guarantee risk is divided into three parts,including the clear standard of the letter of guarantee form and its transfer,make full use of the letter of guarantee risk relief mechanism,as well as to improve China's demand for the guarantee letter of the relevant legislative work to put forward some feasible suggestions at this stage.