论保证保险.pdfVIP

Abstract Bond is developing with the development of economic society especially the market economy. It is usually divided into two parts, Honest Bond and Sure Bond. There are two reasons for the produce of Bond, one is the limitation of the market economy itself, the other is the limitation of traditional Bond. Bond can make up for these shortcomings, it can do something for the achievement of the creditor’s right, and make the social transactions safe. Bond is different from the traditional Bond , because the latter can not get away from the property; Bond is also different from insurance, because Bond is not just facing the risk, meanwhile they are not based on the many people’help. The character of Bond is mainly reflected in its independence. The relative nature of the contract, the existence of the elimination of the defense, as well as conditions of the guarantor is also independent. The legal relationship of Bond, is the relationship between the sponsor and the beneficiary, is also an independent legal relationship. As an independent guarantee insurance, both parties (the guarantor and the beneficiary)Of the Bond are entitled to certain rights and obligations. The main right of beneficiary is to require the guarantor to pay ,its obligations is to provide documents which meet the requirements of the form elements; the main rights of guarantor is the fraud exception to defend the right of recourse for the applicant and the applicants subrogation right, the obligation is to review the payment vouchers and payment requests. And as an indispensable guarantee of third party insurance, the applicant the right to stop payment and the guarantor of the guarantor of payment to the beneficiary after the right of recourse against the beneficiary.