独立担保制度法律分析

Analysis on the Independent Guarantee in Terms of Law

随着国际经济交往规模不断扩大,国际国内贸易飞速发展,传统的担保手段已经不能适应。鉴于此,一种新型担保从交易实践中发展了起来,一般称为独立担保或银行独立担保,以区别于传统担保方式。通过比较各种观点准确界定独立担保的概念,明确独立担保的性质和特征,希望能为实践中准确应用独立担保、减少纠纷提供帮助。

With the expansion of international economic exchange and the booming of domestic and international trade,traditional forms of guarantee would no longer be capable of adapting to such changing development,It is under this circumstance that a new form of independent guarantee system has been developed out of the changing business environment.It is called independent guarantee or independent banking guarantee to distinguish itself from traditional forms of practice.The thesis defines independent guarantee and clarifies its quality and characteristics in order to properly use the independent guarantee to solve dispute.