Study On Collective Mortgage System Of Special Personal Properties

Floating charge originated from Anglo-American Law System and appeared with the needs of economic development for new guarantee system. It is regarded as the most tolerant and most convenient means because of the specific characteristics like not transferring the possessions of guaranties, accepting the mortgage of future properties and allowing the guarantor to deal with properties freely within certain framework. Owing to the flexible system value of floating charge and its advantages to financing, the collective mortgage system of special personal properties is designed in the Property Law of China based on Anglo-American floating charge, taking account of the practical needs in China. As a new guarantee system, it must greatly differ from the traditional guarantee system and run into various problems in practice. The thesis analyzes the background, development, characteristics, constitutive requirements and implementation program about collective mortgage system of special personal properties in order to explore the intentions of the legislators and motivate the roles of relevant systems and theories in development and practice by referring to the advanced experience of other countries in the current circumstances of China. The thesis consists of five parts.The first part studies the background and the development of collective mortgage system of special personal properties. It looks back on the proposal of its definition and analyzes the conflicts among the collective mortgage system of special personal properties, one-property-one-right principle and the definite theory of object of property and settlement of the conflicts.In second part, it contrasts the collective mortgage system of special personal properties and floating charge and explores the origin, concepts and characteristics of floating charge, the blending with law systems in different countries as well as its status quo in China in detail. The features of collective mortgage system of special personal properties are also introduced by comparing to the traditional guarantee system.The constitutive requirements of collective mortgage of special personal properties are elaborated in the third part from aspects of effective requirements, ineffective determination and important non-constitutive requirements.Part four discusses the implementation of collective mortgage of special personal properties. It detects the relevant systems and procedures of collective mortgage of special personal properties through analyzing the determination, implementation program, system of property administrator and priority rules of the collective mortgage of special personal properties.The last part is the core of the thesis. Based on the discussion above about the origin, development, characteristics, constitutive requirements and implementation program of collective mortgage of special personal properties, its value, the existing problems and defects are explored, for which some suggestions are proposed. They are put forward in accordance with the intentions of legislators by learning the experience and regulations from Anglo-American floating charge taking account of the circumstances of China. It involves limiting the mortgage subject range, prescribing the rights and obligations of the clients, establishing the system of property administrator, standardizing the rules of claim secured by mortgage, selecting legislative style scientifically, making the determination of collective mortgage of special personal properties clearly, and so on.