A Study Of Floating Charge

Along with the continuously economic development, enterprise margin's demand, breaking traditional principle of theories of real right, Anglo-American law established floating charge. Floating charge in England has already been remaining for over 100 years. In floating charge, the mortgagor does not transfer the occupancy of mortgage things and is free to deal with the property within the certain scope. This is the main characteristic of floating charge. Because of satisfying the request of the margin of modern industry and business, floating charge obtains good opinions in Anglo-American law. The system can be found in the law of above nations. Continental law system also has financial group mortgage system similar with floating charge. Along with our country's market economic development, in economic life floating charge is not lack of practice, but has not clear and definite legal provision. According to need of the actuality, our country should establish floating charge in order to perfect guarantee real right system and satisfy need of enterprise's margin.This thesis is composed of the preface and four parts. The preface looks back the guarantee real right system to be used as the importance of the civil law system, and analyzes the request of new development under the modern market economy. The market economy got up to develop firstly in the west economic. Between modernization of western legal system and our country's legal system modernization, common elements are more. Therefore, our country's legal system modernization needs to transplant the western law in many ways.The first part studies floating charge's general situation based on Anglo-American law's judicial precedents and written laws. In 1870, England balance court established floating charge system with the judicial precedent, and then many nations accepted it. To our country particularly importance we can obtain lessons is that in 1972 Scotland company floating charge and receiver law and in 1958 Japan enterprise guarantee law. At floating charge's beginning place careful concept mode did not produce. In different country floating charge's titles exist the difference. This thesis thinks that "floating charge" is more accurate, which points the enterprise set up charge on its current or future, total or partly of property. Floating and gathering of mortgage thing, kind's conversion and mortgagor being...