履约保证保险存在两大理论争议，保证保险的性质和保证保险合同的独立性。
There are two controversial theories in the field of the guarantee insurance, which are the character of the guarantee insurance and the independence of the contract of guarantee insurance.
仲裁协议独立性原则也使得在合同无效或不存在情况下仲裁协议出现依然有效的可能。
The independence for the validity of arbitration agreement still makes the agreement valid in case that the contract is valid or even doesn't exist.
合同保证除了具有从属性、独立性、补充性之外，债权性和替代性也十分突出。
Besides subordinating to nature, independence and supplement, quality of creditor's rights and substituting is the outstanding characteristic of contract guarantee.
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