A Study On The Realization Of Floating Charge Right

The right of floating charge is a kind of real right for security, after setting floating charge, if the mortgagor fails to pay due debts or something happened which the contract parries agreement or fitted by law, the mortgagee have priority on the encumbered property. Floating charge system originated in the UK equity, during one hundred years, its flexibility and practicality have been recognized by common law countries and civil law countries, and have been introduced and applicated by these countries. It is the first time that the floating charge system been ruled by law in "Property Law" promulgated in 2007 in our country.because the floating charge setting on movable property, after setting floating charge the mortgagor still have freedom of disposition within the normal scope of the business, in this condition, the mortgaged property will transfer and move easily, it will be harm to mortgagee. There is no separate provision about how to realize the right of floating mortgage in our country's "Property Law", and hard to realize in practice. So the realization of floating right is the key to achieve its good performance and value.The article do some deep research from the setting, realization, implementation and sequential processing of the floating charge right. Firstly, the article introduced the concept and characteristics of the floating charge, the floating charge of a subject, setting the mode, scope and subject matter of registration of publicity cases, and also analyzed elements of realizing the floating charge right and the setting of the floating charge right.Secondly, the article introduced the realization of the floating charge rights over the public and self-help protection approach, and then we analyzed them. At the same time, the applicability of three methods of floating mortgage auction, sale and discounting were analyzed. and we analyzed the floating charge right in the implementation process and the right to lien, pledge event of a conflict as to how to coordinate the issue.Thirdly, According to legislation and realization actualities in our country, the article provided effective realization of the floating charge right and floating charge system, and the legislative proposals to run well.