A Study On The Protection Of Creditor 's Interests In Floating Mortgage

The articles 181,189,196 of property law established floating mortgage system and the mortgage, which obviously does not fully cover the three provisions of the growing wealth of the economy floating mortgage application activity on the system.As the "Property Law" to set up the right to restrict people to defer mortgage collateral less disposition of interests mortgagee does not give a more effective protection, resulting in a floating mortgage process, the interests of the mortgagee and the mortgagor between unequal protection, which is a floating charge of this new form of security, our country can not be the main factor in a wide range of applications, but also the direction of the floating mortgage system development and improvement of our country.Our floating charge, which is different from floating charge under the Anglo-Saxon countries, is different from a special form of security. This paper will analyze some typical cases, to analyze the system of floating charge, creditors proposed floating mortgage system in the presence of legal risk and the risk of the causes and how to deal with the risk of creditors and other issues. While the mortgagee for analysis of the right to set the floating mortgage interest considerations, seeking how to effectively safeguard the interests of the mortgagee, to achieve balance between the interests of the mortgagee floating mortgage with the debtor, and enhance operational floating charge in practice property, its value can be fully reflected.