Research On The Operation Model Floating And Guarantee Of Financing International Projects

International project finance is now in the word of mineral extraction, energy development and infrastructure construction, such as widely used in large-scale construction, and has financed large-scale construction, and has financed large-scale, long running, high-risk, financing a wide range of banking, not running effectiveness would be difficult to produce the characteristics of , project financing of these features are clearly consistent with the characteristics of a floating charge, the international project finance and a floating charge has the natural meeting point, as the financial well-known English jurist Philip wood said, applies to a floating charge of international project financing in the color display the most touching. International project financing because of the features, the floating charge applies at the time of project financing with a lot of different characteristics of general floating charge ,but in practice there is no formation of a specific international project financing in the floating charge mode, which will the development of international project financing, which hampered. Therefore this paper the general floating charge, the international project financing characterized by analysis and comparison, in light of the actual cases, a floating charge from the main settings, set the object, the restrictive terms and to take over aspects such as the floating charge in the international project finance has characteristics, forming a relatively complete set of modes of operation. Combined with our country the situation of legislation and practice, the law of our country made a number of recommendations to improve, with a view to promoting our country's development of international project financing.This article is divided into four chapters:Chapter I sets. In order to compare ordinary floating charge with the floating charge in the project financing, this chapter first simply analyze the project financing to the international security system, the characteristics of the floating charge, and the run models. It indicates the floating charge's important position in the system. And through the international project finance analysis of the characteristics of a security system, combined with a floating charge of international project financing applies to the necessity. Paving the way in this chapter are part of the thesis, the introduction of international project financing and guarantee system for the general concept of a floating charge characteristics of the system.Chapter II The theoretical analysis of he floating charge in project financing. Because there are a lot differences in many countries'legal, it is necessary to analyze the relevant theory to format a unified international project financing in the operation of the floating charge mode, in order to lay the theoretical foundation of operating mode. This chapter from the three basic principles of civil law approaches, indicating the conflict of the floating charge on the system with the three principles, and propose solutions. First of all, with the statutory principle of property rights conflict: The host country of a international financing project doesn't have the floating charge, but in project finance is widely used. I put forward a doctrine of statutory property rights and use of appropriate modifications to find the applicable law on Private International Law measures; Secondly, the conflict with the one right on one object principle: project finance structures have the collection of material, non-physical objects and the object of uncertainty in the floating charge, they conflict with the principle. I sum up and put forward the material to cancel the position of the fundamental principles, and to adjust it.; Third, the conflict with the principle of publicity and credibility: international registration system involved in the international project financing is incomplete, and the floating charge is a collection of objects registration and has uncertain object. Those conflict with the principle. I recommended the establishment of a complete property registration system, the floating charge will be treated differently. The adoption of this chapter to solve the problem of the theory, in order to formulate the legal system to lay a theoretical foundation, about one of the analysis and resolution of conflict is the author's innovation.Chapter III the operation of the floating charge mode in the international project financing. This chapter analyzes the differences between floating charge systems in the international project financing with the general. And it indicates how to formulate a unified model of the floating charge. The chapter is the most important part of thesis, and innovation is also in it. This chapter puts forward integrate operation mode: the main settings should be the project company; the object of the project should be the vast majority of the assets of the company; a clear right to the source of a restrictive clause and the establishment of a sound registration system; the suit generics systems should exist the property system to take over the people. In this chapter ,the causes and specific systems of the four points are discussed in detail.Chapter IV the advices of our floating charge system project financing. First of all, this chapter indicates the need for a floating charge system. It has three causes: the world economic integration, China's practice, as well as the financial crisis in the context of the economic development of our country to explore the solution. I analyze the relevant provisions"Property Law" in our country. And combined with the characteristics of China's Civil Code, I analyze our country's characteristics from the main settings, set the object, set the way the registration system. Finally I advise to improve our country's system from restrictive clauses and the system of the take over people...