Research On The Floating Mortgagor Range

The item 181, item 189, item 196 of the Property Law provides for the first time the floating charge system, this system has its own advantages, for example: expanding financing, proceeding simply, etc. Nowadays,there are two crucial Problems that must be solved appropriately. One is the financing difficulties of the enterprises, which is caused by Financial Tsunami. Another Problem is how to enrich means of raising money for farmers,according to the new rural communities'construction. The flexibility of floating charge makes it the most effective way to solve the Problems mentioned above. But there remain many problems which impede the use of floating charge in China. There is a need of further study of floating charge in order to provide legal solution to Problems. This paper focuses the legislature and the risk of the floating charge and compares the different legislatures so as to give useful suggestions and ideas. Except the Preface and conclusion,this Paper is divided into three Parts about 20000 words.Part I: the concept of a floating charge system, the characteristics of the system and floating mortgagor legislation The floating charge is set by the mortgagor of its existing and the future of the whole or part of all movable, when a particular subject does not appear, the mortgagor is entitled to the scope of normal operations to dispose of the encumbered property, appear in a particular subject after the mortgagor to exercise the right mortgage, and the value of the encumbered property to determine a particular mortgage. Floating charge secured with floating objects, and secured the freedom of dispose of property, leading to specific issues fixed collateral, the special nature of registration, and other characteristics. Floating charge in relation to other specific arrival has difference between charge systems. The floating mortgagor includes enterprise, individual commercial door and agricultural production operators in china.Part II:? through analyzing the advantages and disadvantages of the two genealogy of law floating mortgagor to solve the risk. First, describing the procedure of floating charge; second, finding the methods of solving Anglo-American law and civil law mode dangers; last, putting forward the method of floating mortgagor in china.Part III: introduces the legislative process of floating charge in our country, and comments the provisions about floating charge in Property Law of the People's Republic of China. Then the author gives legislative advices about how to perfect floating charge in our country; The advices as follows: the guarantor should be the enterprise,all the properties of the enterprise can be secured,set up the receiver system,define the order of the security, and the Provisions of floating charge should be independent.Conclusion: to sum up the full study of property law to a floating charge. Property law provision in this relatively simple, summed up, but it is a relatively stable legal system, if we modify the provisions of the floating charge, it is inevitable the seriousness and authority of its impact. We propose that the security law be revised when the floating charge on the system may be improved so that it can truly become an effective security system.