Floating Charge System. Anglo-american Law And Its Reference

Floating charge is an English-based security which plays an important role in the loan debts of companies. With the development and perfection of market economy in our nation, it needs improvement of security's forms as well as its contents. Having broken through the traditional idea of security system, floating charge was set up as one of securities, which can fit for the requirements of market economy. However, its new and particular running process will strike our nation's established property rights systematically. So in the use of floating charge, the scholars are always cautious. Based on the systematic study of English-based floating charge, the author holds that the floating charge should be accepted in our nation. This body of essay is divided into four parts, with a total length of 38,000 words or so.Part â… , a general view of English-based floating charge. In this part, the first section is an introduction to the developing history of floating charge. Then, on the basis of comparison of floating charge with financial group mortgage, the characteristics and definitions of floating charge are concluded. At last, the advantages and disadvantages of floating charge are analyzed.Part â…¡, the running process of floating charge. This part is one of the focal points in this essay. The running process is given in threesections. The first section deals with the establishment of floating charge. The second expounds upon the dormancy of floating charge and the third put emphasis on the execution of floating charge. Each section has its special requirements, especially about the crystallization affairs, receiver and priority.Part â…¢, the study of floating charge's value. This part is another focal point. As a kind of security, the establishment of floating charge can ensure the transaction, safeguard the fair and improve the use of property. Also, being studied with the Economic Analysis of Law, floating charge is in high efficiency.Part â…£, use of floating charge in our nation. It's possible and necessary to accept floating charge as security in our nation. And the author puts forward suggestions on the future stipulations of floating charge in this part.