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A Study Of Floating Charge

Posted on:2009-04-09Degree:MasterType:Thesis
Country:ChinaCandidate:W D LiaoFull Text:PDF
GTID:2166360272455579Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Floating charge is discussed in the article. It was derived from Common Law Legal System. As an typical security system, it was came along with the economic development of the needs of a new type of security system. An obligor can hypothecate his property, which can even be concluded to obtain in the future, and has the right to dispose of property within a certain scope. It is considered as the most comprehensive of the most convenient system of Security interests. In order to provide a financing way, it has been legalized in China Property Law.In view of the practical need for establishing floating charge institution China, the author discusses the various legal aspects of floating charge. And floating charge is discussed systemically in comparative and diachronic study method with the latest legislation to arouse more attention and encourage theoretic and practical solutions to the problems. The thesis consists of three parts, namely foreword, text and tag. The text is divided into three sections.In the first part of the dissertation, the foundation, development and transformation of floating charge institution are introduced. The description on the definition and characteristic of floating charge are presented.In the next part, through the micro-level system design and operation mode of observation of the floating charge institution, the establishment, implementation of unique elements, and it's effect are indicated. And the author analyzes the value of floating charge institution, pointing out its strengths and shortcomings exist.In the last part of the dissertation, China use floating security system for reference is introduced. The floating charges provision in the Property Law is analyzed. Some related issues to improve our system of floating charges are discussed, and specific ideas and proposal is envisaged.
Keywords/Search Tags:Floating charge, Property Law, Security Interest, Financing
PDF Full Text Request
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