Study On The Floating Charge

Floaating charge system refer to enterprise have with their now and to set for mortgage all or partly property that have, mortgagor can from or in accordance with agree on, will certainly exercise restraint in, punish their mortgage property since in normal business scope, when legal or agree on the feeling thing and happen, mortgage property and value could be fixed, a kind of mortgage that the definite mortgage property has priority to be repaid at this point for pledgee.Compared with relevant mortgage systems it has one's own characteristics: Punish the freedom of right, transformation of floaating charge property before the extention, set of the mortgage property, crystallization of floatability, mortgagor of the mortgage property of the mortgage property.Though floaating charge system American and French department and continent law department regulation of country differ from one another in Great Britain, but we can obtain some experience and enlightenment from it:First, legal precedent law and written law supplement and cooperate each other; Second,we shoule carry on floaating charge system flexible to make changes according to specific conditions so as to development to meet economy on the premise of steady existing real right theory; Third, the resignation system is essential for improving the system of floaating chargeOur country has certain legislative regulations to the establishment, main body, subject matter, and registration of the floating charge, indicate our country stipulates the system of the floaating charge clearly in the form of law for the first time However, a lot of problems exist, is shown as: Should not include the self-employed entrepreneur and agricultural producer in the subject of the mortgage; The object is only limited to the movable property, exclude securities and ordinary creditor's rights such as the real estate, intellectual property right and stock with larger value,etc.; It is the scarce since procedure have realization like. For this reason, it is a sound social credit system of our country to improve this thinking of the system of our country; Improve the resignation system of the real right of pledge; Limit for corporate juridical person, object and on company all assets, define floating realization procedure of hypothec subject that mortgage on not legislating.