On The System Of Floating Charges

Floating charge is a kind of typical form of financing derived from common law. The mortgagor does not transfer the occupancy of mortgage things and can deal with it in the scope. As a atypical financing mortgage system , along with the development of modern economy, especially in satisfying the soaring financing demand floating charge are playing an increasingly important role. In order to satisfy financing need of the market, our country introduced floating charge in the newly effective "Property Law" on Mar. 16th, 2007. Floating charge system is only three provisions in the newly effective "Property Law", and its rationality is problematic.so floating charge system is very incomplete. A complete system of floating charge is not established in china. The author will use the method of analysis to research financing mortgage system .In this paper three parts are included, namely foreword, text and conclusion. The text is the main part, which include three chapters.The first chapter, the theoretical principle of the floating charge. This chapter points out the concept of floating charge and introduces its source. Many domestic scholars have gived its concept definition , analysising characteristics of floating charge .Then, the author compare floating charge with fixedcharge. Finally the value of floating charge system was investigated, pointing out its advantages and disadvantages of the system.The second chapter, the running process of the floating charge. The running process of floating charge has three processes, including the setting up, registration and realization. Many own viewpoint has been proposed by the author.The third chapter, the introduction and the perfecting of floating charge in China. The property law has maded the regulation system of floating charge, but is not complete. China should construct the system of floating charge, the perfecting of legislation and practice can complete the system of floating charge of china. the author analysis provisions of floating charge system in the "property law". Floating charge system in China will be able to receive good effect.This article analysises floating charge of china and thinks that the floating charge conforms to the modem security system's new idea, can enhance the ability of financing, more reflect pursuit of efficiency. It can strengthen debtor's the ability of financing,, promote the capital financing, and eventually to adapt to the development of market economy. let floating charge bringing its real effect.