Review Of Article 181 Of Property Law

Article 181 of"Property Law"stipulated Chinese"Floating charge". It has been changed a lot from the scholar suggestion version to the eighth discussion version. The provision at last promulgated is a compromise of modern thinking and actuality thinking.Article 181 is really a new rule but still has spaces to be improved. Compared with other countries where floating charge has successfully run for many decades, the range of charger in Article 181 is quite wide, the guaranty is quite limited, the main creditor's rights are so abroad, there's no implementation process and there're conflicts on registration system between Property law and Guarantee Law.In the dissertation, comparisons between scholar suggestion versions and discussion versions, between Chinese floating charge and England, Japanese floating charge have been made. Based on the comparisons, suggestions on how to alleviate the anxiety of the government and broaden the usage of Chinese floating charge have been brought forward. It is suggested that an independent legitimate status should be granted to Chinese floating charge, the power to sentence crystallization of Chinese floating charge should be authorized to the court, the administrator of floating guaranty should be nominated, what are the conditions that seriously affect the achievement of creditor's rights should be clarified, the limitation of freedom jus disponendi should be defined, the implementation sequence of Chinese floating charge should be arranged, the floating guaranty should be extended.