论文部分内容阅读
近年来,商品融资业务在国内银行市场上日益活跃。由于银行在业务过程中并不直接占有质物,银行融资的安全能否得到保障,很大程度上取决于第三方监管公司是否切实履行职责。银行与监管公司之间的法律关系界定不合理、质物核验义务配置不清、质物瑕疵交付或者换货安排缺陷,都容易引发相关法律风险。商业银行应当针对上述风险因素,认真研究和施行相关防范措施,以确保自身的合法权益。
In recent years, the commodity financing business has been increasingly active in the domestic banking market. Whether banks can guarantee the safety of bank financing depends largely on whether the third-party supervisory company actually performs its duties or not, as banks do not directly take possession of material in the course of business. The legal relationship between the bank and the supervisory company is not properly defined, the configuration of the quality verification obligation is unclear, the defective delivery of the defective goods or the defects of the replacement arrangement easily lead to the related legal risks. Commercial banks should, in view of the above risk factors, carefully study and implement relevant preventive measures to ensure their own legitimate rights and interests.