Floating Charge Legal System, A Comparative Study

This thesis is divided into four chapters which further concluded numerous sections. The four chapters give a detailed study on the legal system of floating charge and other similar systems with the floating change separately under British, American Law and Civil Law. The last chapter focuses on the necessity, possibility and the relevant legal obstacles in introducing the system of floating charge into our country. The whole article is about 30,000 words.Chapter One mainly introduces the basic idea and characteristics of the floating charge in British Law and meanwhile analyzes the crystallization and effects of registration of the floating charge.Chapter Two mainly introduces some basic principles of the floating charge of American Law different from those in British Law and the peculiar history of development of the floating charge in the United States, which demonstrates the main countries in common law remain different characteristics in the legal system of floating charge.Chapter Three concentrates on the system of floating charge and other similar legal systems of the main Civil Law countries, showing that the floating charge is widely practiced in the Civil Law countries where the principle of numerus clausus is strictly obeyed, and therefore the basis is established in theory and practice for the introduction of the legal system into China.Chapter Four discusses the necessity, possibility of introducing the system into China and the conflict between the floating charge and the current legal system of China, and in the meantime gives a simple discussion on how to introduce the system into China.This thesis tries to discuss the system of floating charge in the way of comparative law but still focuses on the introduction of the system and there is still some way from the theoretical abstracti...