Research On Legal Issues Related To Overseas Loan Under Domestic Guarantee In China

China adopts foreign exchange control policies,Domestic funds cannot be directly transferred overseas.When domestic companies have overseas financing needs,they often choose overseas loans and use domestic entities to guarantee credit enhancement in order to meet loan requirements.This Loan model is called Overseas Loan Under Domestic Guarantee.There is only a little research on Overseas Loan Under Domestic Guarantee in china,and policy iterations are rapid.The current research focuses on bank compliance and foreign exchange supervision,and does not pay much attention to the implementation and application of Overseas Loan Under Domestic Guarantee laws.In order to fill the gaps,this article will take actual cases as the research object to sort out the legal issues that arise in the process of Overseas Loan Under Domestic Guarantee one by one.,and propose reasonable solutions.The first chapter introduces the legal meaning of Overseas Loan Under Domestic Guarantee.As a foreshadowing,this section explains the conceptual attributes,legal systems,and typical cases one by one.The second chapter studies the performance of the Overseas Loan Under Domestic Guarantee.The case is used as an entrance to discuss the guarantee performance procedure,analyze issues when performing the contract,such as the bank’s early payment of unexpired time deposit certificates,and the first payment of the certificate of deposit and then performing the guarantee contract.The third chapter take the applicable law of Overseas Loan Under Domestic Guarantee as the object of discussion.Discussed the basic principles of the applicable law,jurisdiction and other issues.The fourth chapter discusses the implementation of Overseas Loan Under Domestic Guarantee.Analyze the recognition and enforcement of overseas effective arbitration awards,judgments and rulings,property preservation and other issues.The fifth chapter explores the countermeasures of Overseas Loan Under Domestic Guarantee at the three levels of performance,applicable law,and enforcement.The legislative level reasonably regulates the performance of the contract,clearly stipulates the choice of law,and clearly recognizes and enforces overseas effective judgments or judgments.Arbitration award area.Judicially,uniformly regulate the applicable applicable law to avoid different judgments in the same case.