| For the guarantee bank,the risk itself implied is the term risk of the independent guarantee.When independent guarantee contains some abnormal terms,then the guarantee bank may undertake unreasonable claim from the beneficiary or the risk of hidden dangers from any other party.As a result,Study on the bank dealing with risk prevention in the foreign independent guarantee’s terms is a question of theory system and has a practical significance.In this article,history analysis,empirical case would been studied,other research methods would be conducted,and a detailed summarization would be made in the basic element of an independent guarantee and in three risks of the most important terms of common practice,then several countermeasures on the basis of the above mentioned statement would be completed.The first part of this paper is composed by three sections.First,do the basic definition and classification on the independent guarantee.Second,make the presentation of the principal sources of law of the independent bank guarantee,including independent guarantee involving international practice,international treaty and state law.Finally,make a presentation on the basic attributes and legal relations independent guarantee.The second part makes the analysis of the period effectiveness terms of the independent guarantee.Period effectiveness is the key of the parties of the independent guarantee in the fight for the legitimate rights and obligations of.Firstly,introduce the term of validity and period effectiveness of an independent guarantee.Secondly make a more detailed discussion of the commencement of the period effectiveness of uncertain risk.Thirdly,analyze the risk of the termination deadline.Finally,quote the relevant case.The third part analyzes the risk of the amount terms.Firstly,introduce the amount terms of independent guarantee.Secondly,describe the amount terms of independent guarantee from the practice,the amount must be specified very clearly,banks should explicitly guarantee the bank’s own warranty coverage and payment limits.Finally,quote cases and analyzed.The fourth part analyzes the claim terms.Firstly,introduce including conditional and unconditional claim terms.Content of claim terms should include the documents of the presentation,the time of claims,the place of claims and other contents which would be included in the article.Secondly,quote the relevant case.The fifth part analyzes the countermeasures of the bank making risk prevention on the independent guarantee.This chapter sorts out risk prevention measures in dealing with the terms of the guarantee on the favor of the bank: Firstly,modify the following terms,including the period effectiveness terms,the amount terms,and the claim terms;Secondly,ensure full and effective business archives,such as terms in risks reminder,other related agreements and the guarantee content should make consistency;thirdly make implement counter-guarantees which means ensure that the applicant provides real and effective counter-guarantees to reduce the payment risk of guarantee banks. |
