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现代银行法律问题由于银行业务日益发展而显得繁复与多样,一项国际银行业务本身所涉及的法律问题,表面上似乎仅是单一类型之法律关系,唯细究其中,往往发现是诸多法律规则的综合体。合同关系,无疑是银行业务的基础与核心部分,在国际银行贷款业务中所发展出的联贷、衍生性金融商品、贷款证券化等金融业务亦同,因此,本文系以国际定期贷款合同、国际银团贷款(consortium loan)之法律关系为探讨主体,并以其所涉及担保、法律适用及管辖权之问题为基点,期能涵盖国际贷款业中所涉及之法律关系及法律框架。
Because of the complexity and variety of legal issues in modern banking, the legal issues involved in an international banking business may appear to be only a single type of legal relationship. However, it is often found that the legal issues involved in the international banking business are the combination of many legal rules body. The contractual relationship is undoubtedly the foundation and core part of the banking business. The financial businesses such as the loan, derivative financial products and loan securitization developed in the international bank loan business are the same. Therefore, this dissertation is based on the international term loan contract, The legal relationship of international consortium loan is to explore the subject and base on the issues of guarantee, law application and jurisdiction involved in it. It can cover the legal relationship and legal framework involved in the international loan industry.