Research On Floating Charge

Floating charge is a distinctive security way which initiated in England, it allow guarantor occupy the property and give him the freedom to dispose of the property in daily range of business. Compared with the fixed charge, the heavy characteristic of floating charge lies in the development of security function from ensuring creditor's rights to circulating funds. Floating charge gives full play to the utility of the thing , and thoroughly implement the civil principle of making the best use of everything. It is well received by economical circles and used for reference by a lot of countries in the world.Now, china is making the law of real right. As to the floating charge, relevant legislation proposing cases have been made. The floating charge has broken the idea of the traditional security. Its brand-new , special operation system is conflicted with assurance law system of our country at present . This makes the floating charge meets some legislative predicaments and practice difficult problem in China. How to appropriately deal with these conflicts and predicaments during the process of legislating , is the key to whether the floating charge could succeed in setting up and operating in China.This text include preface , text , attachment, Text includes five chapters :Chapter one: The overview of the floating charge. In this chapter the historical evolution of the floating charge including the origin from England and different development in two law departments will be detailed introduced. The definition and characteristic of the floating charge willl be pursued in the study of its history. Chapter two: The operation of floating charge .In this chapter I shall investigate the operation course of the floating charge ,analyze different legislative modes regarding the floating charge , and pursue the reason of these legislative differences.Chapter three: The value of the floating charge. In this chapter, based on the investigation of the theory innovation and value choice of the floating charge, I shall analyze its positive and passive effects, and carried on rational thinking to these passive effects.Chapter four: The predicament of the floating charge in China. In this chapter, I shall describes the legal question that the floating charge meets in current situation and in the practice of China, and analyze the predicament which implement of the floating charge is faced in our country.Chapter five: The construction of the Chinese floating charge. In this chapter, I shall explain the legislative trend of the floating charge. Combined the present legal system ,in the our country, I shall put forward some views of setting up the floating charge on the basis of analysis of legislating propositions...