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独立保函最大限度保证了贸易进行和贸易双方的利益,但也给不法受益人留下了可乘之机。案情回放中国A公司持中标通知书来到国内B银行申请开立履约保函,受益人为巴西C公司。B银行在审核申请人的材料时发现标书和基础合同均为葡萄牙语,且标书规定中标方先开出独立保函招标方再与其签订合同,招标方根据合同开立延期付款信用证,保函金额为合同金额的20%,且招标方只接受当地银行的保函。由于该条
Independent guarantees maximize the benefits of both the conduct of trade and trade, but they also leave an opportunity for the wrongful beneficiaries. Case review China A company holding a successful bidder to the domestic Bank B to apply for the performance bond, the beneficiary of Brazil C company. B Bank in the review of the applicant’s materials found that the tender and the underlying contract are Portuguese, and the tender provides for the successful bidder to open an independent letter of guarantee and then signed a contract with the tenderer to open a deferred payment letter of credit under the contract, the amount of the guarantee is The contract amount of 20%, and the tender only accept the local bank guarantee. Because of this article