Study Of A Floating Charge System

Floating charge is a special system of Security, which develops from the judicial practice of the Delaware Chancery Court. The guarantor is not only allowed to possess the guaranteed property, but also vested the right to dispose of guaranteed property in daily operation, the value of guaranteed property is changing with freely dealing before crystallization. So compared with fixed charge, floating charge is better to keep the capability of management of the guarantor and thoroughly implement the civil principle of making the best use of everything. Now, depending on its flexible and efficient systematic advantages, floating charge has been adopted by many Common-law System countries and Civil-law System countries, such as America, Japan and so on.On March 16, 2007, was issued, it has prescribed the floating charge system in the chapter of"Mortgage". The emergence of the floating charge system fits in with the need of the economic development of our country, particularly it meets the credit need of the small industrial enterprises.The thesis is composed of introduction, body and conclusion, the body consists of five chapters, by using the method of comparative analysis, the body makes a general introduction about the operation mechanism of the floating charge system.Chapter one is the summation of floating charge, it introduces the definition, characteristics, the fundamental difference between floating charge and mortgage of a property group,the legal circumstances of floating charge, the analysis of the value conflict of floating charge.Chapter two concretely discusses our country's floating charge system.Chapter three discusses the setting up of floating charge and the scope of guaranteed property.Chapter four analyzes the registration of floating charge. Chapter five focuses on the realization of floating charge. It discusses the crystallization, receiver and priority of floating charge.In the end, based on discussions made in the first five chapters and the actual demand of our country, this thesis puts forward some opinions and suggestions for the construction of our country's floating charge system.