Study On Floating Charge With Legislation Perfect

Floating charge came from common law. When designing the floating charge both the utility of the property and the security of it should be considered. The concerned rules in our country's property law are simple, especially in the protecting of the mortgagee. Summarizing the characters of floating security system of England and America, comparing and studying it to the relevant security law system of our country, this article finds the security law defect of our country.This article consists of four parts. Part I deals with the theoretical principle. Firstly, the author insists using the name of floating charge, and abandoning the name of limitation of action. Then, the author researches the functions and values. Part II is to mortgage system to relocatability comparing with other the system comparison. Part III introduces the fundamental content floating charge. Part IV is that the legislation current situation floating charge arries out analytical comparison on our country. Pass comparing with other country relevance system comparison, discovers unsteady floating charge have problem. The article sets up the main, face to face relevance system be in progress perfect. Analysis and comparison by all above four parts, at last lead into unsteady mortgage system in come to reach a conclusion floating charge having significant practical or immediate significance, but at present relocatability floating charge is fairly immature and perfect. Do not care legislation have problem in still being that reality is put into effect theoretically. Need us in practice, relocatability of one progressive perfect floating charge, and let floating charge bringing its real effect.