On The Right To Protect The Interests Of The Floating Mortgagee

Floating charges originated in England, it has several features:the floating charges does not transfer possession of the collateral,he also can use the future property as collateral, and the mortgagor is allowed a certain freedom of action within the property. After 100 years of development, the floating charges are introduced in the world by more and more countries. China's "property law" in order to meet the socio-economic development and address the broad issue of financing of SMEs, the system was introduced. But, "property law" in the three provisions on floating charges is still very thin, weak operational, so that the floating mortgagees are facing greater risk.In this paper, the floating mortgagee's interests is the center, from the basic theory of the floating charge, using comparative analysis method, combined with the United Kingdom, the United States, Japan and other advanced countries to explain, in order to reveal China's current lack of legislation, and to find further methods and countermeasures. Addition to the introduction and epilogue, the article is divided into four parts.The first part is about the general theory of the floating charge. This section, first introduced the concept of floating charges, features, and then compared the floating charge with the financial mortgage system and the guarantee system, finally explained the advantages of a floating charge system and inadequate.The second part is about the foreign mortgagee the protection of the interests of the floating system. This part, targeted selected a floating charge of registration, restrictive clauses, crystal, and a receiver system described and combined with Britain, the United States, Japan and other developed countries'legislation, In order to investigate the floating of these countries'methods to protect the interests of the mortgagee and also its advantages.The third part, is about our current state of legislation and lack of provisions.This section briefly introduces the floating charge system in China's evolution, and states that "property law" provides the floating charge's significance.Secondly, analyzed inadequate legislation at now, including the legislative system, the establishment of the main body, the registration system, automatic crystallization repayment order, receiver and so on..The fourth part, is about how to enhance the protection of the rights and interests floating charge and improve the legislative measures. This part main analysis the third part's problems and shortcomings, and will give some measures to further improve, so that we can better protect the rights of people to the interests of the floating charge, and made it in a more healthy development in China.