Research On Legal Issues Of Independent Guarantee Of Ship Construction

The independent guarantee as a new way of security,independence,documents,irrevocable feature.Because of this new type of guarantee to the greatest degree of trade protection of the interests of both sides,so once it has been greatly favored by the main trade,and is widely used in international trade,finance,investment,shipbuilding and other fields.The ship construction in independent guarantee in the shipbuilding industry as a common risk balancing tool,it has become one of the most important documents in the shipbuilding contract,to ensure that the builder and owner good faith contract.However,due to China's shipyards and bank guarantees the cognitive level of the independent guarantee is not high,the lag of the theoretical research lack of experience and judicial practice,the independent guarantee disputes emerge in an endless stream.Therefore,often appear systematic research on ship in the practice of independent guarantee disputes,combined with domestic and international relevant legislative provisions,recognition to define,independent guarantee,validity period and fraud and other hot perspective,analysis of the applicable law of the dispute from the perspective of law interpretation,for ship construction parties to solve the relevant problems in practice to provide some suggestions for China's independent guarantee system The improvement of legislation provides an optimal path.This article is mainly composed of four parts:The first part of the overall situation of the ship construction contract of independent guarantee in an overview of the features.Starting from the definition of the concept of independent guarantee,gradually independent guarantee types in shipbuilding,eventually settled into the independent guarantee "determine content independence" and form.The second part mainly aimed at the effect of ship construction contract of independent guarantee in problem analysis.The period of validity of the independent guarantee is related to shipbuilding important issues when the parties rights and obligations of the legitimacy of independent guarantee.This paper from the issue of the entry into force of the termination of the effectiveness of independent guarantee,focus on the analysis of the risk factors that may affect the effectiveness of independent guarantee period,and claim problems related to the period of validity of a brief introduction.The third part mainly studies the ship construction problems of independent guarantee in the beneficiary fraud claims.Due to ship construction claim fraud phenomenon is most common in practice,according to the international treaty,the new regulations on independent guarantees and the practice of the Supreme Court,from each country to recognized standards of fraud in the form of fraud.To ship construction practice in the shipyard,how to guarantee bank risk relief and prevention are discussed in detail.The fourth part mainly aims at the independent guarantee international and domestic legislation and the legislation of independent guarantee,judicial perfection.Discusses the independent guarantee is widely used in international trade is an indisputable fact.There is an international treaty on independent guarantee provisions of international law,but China did not join the Convention.Moreover,the introduction of a new high hospital on independent guarantee provisions in judicial practice is just being used,and had China law for the independent guarantee and guarantee law guarantee has been controversial,independent guarantee legislation still needs to be improved.