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适应国际经贸交易高效率和多样化需求,具有巨大创新功能的银行担保能更有效快捷地保护债权人合法权益的实现。但是,无论在理论界还是实务界,国际社会对银行担保的涵义和识别标准存在多种见解,对其常见的两种形式见索即付保函和备用信用证之间的关系认识也大相径庭。如今,银行担保在经历了逐步兴起和日益推广的发展历程之后,已在国际经贸交易中被广泛适用。不过,由于不同国家的传统差异和不当索赔风险等影响,国际社会对银行担保的适用态度异彩纷呈,呈现出不承认、部分承认或者全部承认以及或见索即付保函或备用信用证等形态各异的不同景观。
To meet the high efficiency and diversification needs of international trade and economic transactions, bank guarantees with great innovative features can more effectively and quickly protect the legitimate rights and interests of creditors. However, both in theorists and practitioners in the world, the international community has various opinions on the definition and standards of bank guarantees, and their understanding of the relationship between the two forms of payment and letter of guarantee (L / C) is quite different. Nowadays, bank guarantee has been widely used in international trade and economic exchanges after going through the process of its gradual rise and promotion. However, due to the traditional differences in different countries and the risk of improper claims, the international community has various ways of applying for bank guarantee with various forms, including non-recognition, partial recognition or full recognition, as well as payment on demand or standby letter of credit Different landscapes.