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一、银行保函的概念及主要的法律关系银行保函是指银行应委托人的申请而开立的有担保性质的书面承诺文件,一旦委托人未按与受益人签订合同的约定偿还债务或履行约定义务时,由银行履行担保责任。它有以下两个特点: 1、银行保函依据商务合同开出,但又不依附于商务合同,具有独立法律效力。当受益人在保函项下合理索赔时,担保行就必须承担付款责任,而不论委托人是否同意付款,也不管合同履行的实际事实。
I. The concept of bank guarantees and the main legal relationships Bank guarantees are written guarantee documents that are issued by the bank on the application of the trustee. Once the trustor fails to repay the debts or perform the contract as agreed between the contract with the beneficiary. In the event of obligations, the bank will perform the guarantee. It has the following two characteristics: 1. The bank guarantee is issued according to the business contract, but it is not attached to the business contract and has independent legal effect. When the beneficiary makes a reasonable claim under the letter of guarantee, the guarantee bank must bear the payment responsibility, regardless of whether the client agrees to pay or not, regardless of the actual fact of the contract.