Floating Charge System. Anglo-american Law And Its Reference

Along with the continuously economic development, enterprise margin's demand, breaking traditional principle of theories of real right, Anglo-American law established floating charge Floating charge in England has already been remaining for over 100 years, In floating charge, the mortgagor does not transfer the occupancy of mortgage things and is free to deal with the property within the certain scope This is the main characteristic of floating charge Because of satisfying the request of the margin of modern industry and business, floating charge obtains good opinions in Anglo-American law The system can be found in the law of above nations Along with our country's market economic development, in economic life floating charge is not lack of Practice, but has not clear and definite legal provision According to need of the actuality, our country should establish floating charge in order to Perfect guarantee real right system and satisfy need of enterprise's margin I begin the paper with preface. And the main body of the paper is departed into three parts. There is a short conclusion as the end.In the preface, I introduce the background in our country to found floating charge. Then I give the reason for writing the paper.The first part is the Introduction of Floating Charge. First, I introduce the history of floating charge, and floating charge in England and American. Floating charge fits the development of modern commerce. Then I compare floating charge, fixed charge, and mortgage of a property group; and point out the advantage and the disadvantage of floating charge.The second part is the operation of floating charge. According to the subject who can form floating charge, the way to form floating charge, the registration of floating charge, and the operation of floating charge in England and American , I pointed out what can be used in our country.The third part is the possibility and necessity of transplanting floating charge into our country. In our country, the business of credit is becoming many-faceted. For this reason the economy needs floating charge badly. Besides, floating charge needs m related systems, such as registration, which has already built up in our country. So there is much possibility to transplant floating charge into our country. On the ground of the above-mentioned reasons, I give my advice in how to build floating charge in...