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见索即付保函作为最近发展起来的新型保证方式,其所具有的在确保受益人快捷实现受偿目的的同时能使保证人免于卷入主债权纠纷等优势,使其在国际贷款担保中为贷款人和保证人所普遍接受。本文主要分析见索即付保函的非从属性特征以及国际贷款保证中贷款人、保证人和借款人基于保证关系和委托关系而存在的,创新而丰富的权利义务内涵。
As a recently developed new type of guarantee, the claims-based guarantee has the advantage of ensuring that the beneficiary can realize the purpose of compensation quickly and at the same time can save the guarantor from being involved in the dispute over the principal claim so as to make it Generally accepted by lenders and guarantors. This paper mainly analyzes the non-affiliation features of the claims and the connotation of the innovative and abundant rights and obligations existing in the international loan guarantee system based on the guaranty relationship and the trust relationship between the lenders, the guarantors and the borrower.