The Realization Andprotection On The Rights And Interests Of Floating Mortgagee

Floating mortgage system has had a long history in the world. This system was formally introduced into China only upon the legislation of Property Law in 2007. Floating mortgage system, with the origin from Anglo-American law system which has material difference with domestic system on legislation background, will inevitably encounter some problems in its actual implementation in China. This thesis will be based on the analysis on the corresponding rights and obligations, the core of the floating mortgage system, and draws conclusions on the importance and meaning of the protection on the rights and interests of floating mortgagee by further analysis on the purpose for the establishment of floating mortgage system. The realization and protection on the rights and interests of mortgagee is the key factor for the smooth actual operation of floating mortgage system. The current legal environment, social credit system of China will cause obstacles in actual realization and protection on the rights and interests of floating mortgagee. This thesis will analyze the defects of the floating mortgage system to find solutions for the effective realization and protection on the rights and interests of floating mortgagee which are favorable for the widely extension and implementation of this means of financing. This thesis gives illuminations from the perspectives of priority, publicity by registration, mortgagor business operation monitoring and remedy for breach of contract, and further conducts research on the effective ways to protect the rights and interests of floating mortgagee to the largest extent, thus to remove the concerns of the floating mortgagee for facilitating project financing and promoting economic development.