试析《独立担保和备用信用证公约》对我国银行担保立法的启示

Trial Analysis of the Enlightenment of <Independent Guarantee and Reserve Letter of Credit Treaty> to our Country's Bank Guarantee Legislation

银行担保已存在于我国的对外贸易实践中,但现有相关法规存在许多不足,专门立法迟迟未能出台,法律制度的构建明显滞后。积极借鉴联合国《独立担保和备用信用证公约》等国际法律的先进经验,尽快建立起符合我国国情的银行担保法律制度,是当前迫在眉睫之事。

Bank guarantee has existed in the practice of our country＇s foreign trade.But there are many insufficiencies in the present concerned laws,such as the special legislation isn＇t made yet,the construction of legal system clearly lags behind.It is the urgent task on hand to actively borrow the advanced experiences from the UN Independent Guarantee and Reserve Letter of Credit Treaty and some other international laws and construct the corresponding system in accordance with our country＇s condition as soon as possible.