On The Floating Charge

Floating charge is the most equitable of England to a create a subtle, lawyers for the English legal system to create a modern secured transactions a most brilliant contribution. Later, a number of different legal traditions of countries (and regions) in building their own security when the legal system, not only in reference to varying degrees, introduced the concept of floating charge system and rules, but also combine their actual completes the system of floating charge . In 2007 with the "Property Law" (hereinafter referred to as "Property Law") The introduction of floating chattel mortgage system as an important class of security interests to be set down. This definitely shows that the floating charge system in China made a good start, but the systematic development of requirements from the Code view, and in China to enrich well-constructed system of floating charge, will remain a complex and difficult long-term work. The legal profession needs to "Property Law" movable floating charge system as the angle of view, continue to observe and think about floating charge system in the evolution of different countries and regions, dynamic, explore the origin and, drawing on others to find the performance of different systems, forms of internal basis, from quite tortuous development process for the lessons both positive and negative lessons learned, based on their own, as I sought to make those reasonable rules can be applied universally, as the development and improvement of our system of reference for the floating charge, excellent combination Seamless integration China's legal system.This study overseas floating charge system as the starting point to our "Property Law" floating chattel mortgage rules discussion and formulation of future recommendations for improvement based on the foothold, and strive to do our humble practice of relevant legislation in China. This system is as follows: First, the system of floating charge several major issues, the concept of floating charge, analysis, features and advantages and disadvantages; Secondly, to discuss the system of strict floating charge them with our "Property Law" provisions of the movable floating compare mortgage system; once again, demonstrate the key issues in the floating charge, such as the establishment and registration of floating charge, such as crystallization and practice. Finally, in our country, "Property Law" 181, section 189 and section 196 and other relevant provisions of movable floating charge and the direct application of the provisions of the General Mortgage indirect, on our existing floating charge related to the content rules analysis and evaluation. Basic idea is to make a basic theoretical preparation, the synthesis of the preceding chapters of the judge, on the next step in our system of floating charges legislation, to amend and improve the proposal.