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随着社会主义市场经济的建立,金融机构(本文所指金融机构包括各专业银行、信用社、信托投资公司)在宏观调控体系和监督体系中的重要地位愈加明显,其开展的各项业务对加快改革开放的进程,促进经济发展起着愈来愈重要的作用,但是随之而产生的各种经济纠纷也不断增多,而且在审理这类案件中都存在一定的难度。本文拟就金融机构出具资信证明与其进行的担保中存在的问题,结合审判实践进行一些分析。 出具的资信证明与进行担保是完全不同的两个概念 企业在进行商品和劳务交易中,有时因对彼此的信用状况不了解,为了保证经济合同正常履行,而要求有关单位出具资信证明或担保。在我国,大
With the establishment of socialist market economy, the important position of financial institutions (including financial institutions including specialized banks, credit cooperatives and trust and investment companies) in the macroeconomic regulation and control system and supervision system has become increasingly evident. The various business activities carried out by them Speeding up the process of reform and opening up and promoting economic development are playing an increasingly important role. However, the various economic disputes that have taken place have also been on the rise. In addition, there are still some difficulties in handling such cases. This article intends to issue a letter of credit and financial institutions to carry out the guarantee of the existing problems, combined with some trial practice analysis. Issued by the credit certificate and the guarantee is completely different from the concept of two businesses in the transaction of goods and services, sometimes because of each other’s credit conditions do not understand, in order to ensure the normal performance of economic contracts, and require the relevant units issued a letter of credit or guarantee. In my country, big