On The Implementation Of Movable Property Mortgage Mortgage

Floating mortgage system originated in the British equity the late1850s. It is basedon existing or some property as a whole mortgage, the mortgagor in normal operations canfreely dispose of the encumbered property, in the event of a special subject of thedetermination of the mortgaged property, the mortgagee priority over the law of the newmortgage business regime. Relative to the fixed charge system, the greatest feature of thesystem is to make the floating charge security interest in the development of financialintermediation function by the sheer security features, to maximize the utility of things. Ithas been used in many countries in the world.The Property Law of China officially introduced the floating charge. It is subject tofinancing activities in the market to provide more ways to better meet the economic needsof the market for financing, especially to solve the difficult problem of SME financing.However, the current legislative regime for floating charge too simple lack of supportingsystems, causing the system lacks practicality. How floating chattel mortgage of theproperty to determine; how to implement a floating chattel mortgage, in order to betterprotect the mortgagee’s security interest; the sequences between the floating chattelmortgage and the traditional mortgage.The focus of this article is how to implement a floating system. Firstly, the authorintroduces the concept and the features of floating mortgage system. Secondly, comparingour chattel floating system to the system with the developed countries, we can find thefloating chattel mortgage implemented in our country has the following disadvantages:Lacking of provisions on deterministic floating mortgage system, receiver system andfloating mortgage achieves draft. Moreover, mortgagor rights are too wide and lack of necessary restrictions. Finally, in view of the actual situation of China, the author puts forward reasonable proposals of the perfection of floating mortgage system.This article includes three parts: preface, body and conclusion, of which body part isdivided into three chapters:Chapter One: The concept of the floating chattel mortgage system, the chapter on the definitions and characteristics of floating charge system are described, and explore thedefinition and characteristics of chattel floating mortgage system in our country.Chapter Two: The process of implementing the floating mortgage system wereinvestigated, focusing on the determination of the floating charge, the receiver system andthe overall implementation of the floating charge and so on.Chapter Three: The practice of chattel mortgage floating, the analysis of theimplementation of the system existed in practice problems, proposed the establishment ofreal estate in our country floating charge system to implement the recommendations andviews.