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由于实践中的造船合同的特殊性,即船舶建造合同所需要的资金巨大,并且船舶建造需要时间较长,所以买方通常会采用分期付款的方式向船厂支付船款,然而在支付庞大的预付款后,买方又会担心船厂违约从而使已经交付的预付款得不到有效的保障,在这种情况下,还款保函发挥着增加双发信任,有助促成交易的重要作用。但是,船舶建造合同中买方通常会向银行等金融机构进行融资,银行等通常要求买方将还款保函项下的权利转让给银行作为担保,在实践中,这种情况并不罕见,我国对于还款保函的转让的法律问题并没有详细具体的规定,还款保函的转让在船舶建造买卖合同中必然会引发一系列的法律问题,值得我们探讨研究。
Due to the particularity of the shipbuilding contract in practice, that is, the huge amount of funds required for the construction contract of the ship and the long time required for the construction of the ship, the buyer usually pays the shipyard by installment payment, however, After that, the buyer will be worried about the default of the shipyard so that the advance payment already delivered can not be effectively guaranteed. Under such circumstances, the repayment guarantee will play an important role in boosting the trust through double trust. However, in the shipbuilding contract, the buyer usually finances the financial institutions such as banks. The banks usually require the buyer to transfer the rights under the repayment guarantee letter to the bank as a guarantee. In practice, this situation is not uncommon. There is no specific and detailed legal provisions on the legal issues concerning the transfer of money bond. The transfer of repayment letter of guarantee will inevitably lead to a series of legal problems in the construction and sale of ships contracts, which is worth our exploration and study.