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保函在承运人、托运人之间就签发清洁提单发生争议时,可迅速发挥“润滑剂”的作用帮助渡过僵持期,防止由于争议不决延误时间和资金的流转,而给双方造成损失。但这种保函自产生之初,对其效力的争议一直不断,各国所持观点也存在很大的差别,给与此相关的航运贸易带来了诸多不便。本文从列举实际情况的角度,就换取清洁提单的保函的效力问题做出分析。
When a dispute arises between the carrier and the shipper on the issue of a clean bill of lading, the guarantee can quickly play a role as a “lubricant” to help ease the deadlock and prevent both sides from causing delays due to disputes and delays in the flow of funds. loss. However, since the bond was issued at the beginning of this kind of guarantee, the controversy over its effectiveness has been constantly rising. The opinions held by various countries also differ greatly, posing many inconveniences to the related shipping trade. This article from the point of view of the actual situation, in exchange for a clean bill of lading validity of the issue to make an analysis.