On Chattel Mortgage Systerm In Our Countrys Systerm Of Floating Charge

Is a floating charge created in the United Kingdom equity security system is at the basis of case law developed. At the floating charge, the rights of people in non-transfer of material possession, use of the material under the settings on collateral, will not affect the existing use of the material, but also played a complex function of credit mortgage. Because of the floating charge may be now or in the future enterprises of all property settings mortgage, it can maximize the use of a combination of business property has a value of the security, access to huge amounts of financing. Movable floating charge as a new collateral system for Anglo-American law and civil law in many countries provided for in the legislation."People's Republic of China Property Law" as a legal relationship between property rights adjust the basic legal norms, of a security interest in the types of settings, public way, the effectiveness of specific provisions made. Movable floating charge is one of a new system of guarantees. "People's Republic of China property law" in Article 181, Article 189, and Article 196 defines the system and regulatory system. Movable floating charge form of improved security and enhanced the effective use of materials; improve the financing capacity of the mortgagor. Movable floating charge form of improved security and enhanced the effective use of materials; improve the financing capacity of the mortgagor. But there are some inadequacies, I have the characteristics of the system advantages and trial practice some of the problems encountered superficial views that talk. However, there are some inadequacies, such as the main too, reducing the size of the object; debtor abuse of the right to cause increased risk of creditors; registered less than the credibility of public ways; the lack of a viable regulatory system supporting the provision is too careless and so on. I have the characteristics of the system advantages and trial practice to talk about some of the problems encountered with some of the views and opinions.However, in practical application there are some inadequacies, I believe that the main subject in the mortgage too broad, an increase of the risk of mortgage process is not conducive to the mortgagee the protection of the legitimate rights and interests; there is also the object of reducing the size of mortgage, with the establishment of a floating charge that runs counter to the mind is not conducive to play its true role. Therefore, I will elaborate below.