On The Floating Mortgage

Floating mortgage is a kind of special mortgage system that developed from British equity courtyard in the judicial practice. The remarkable characteristics of floating mortgage is the floatability and universality of mortgaged property,mortgage guarantor's disciplinary right of freedom within a certain range.After more than a hundred years of development, floating mortgage is developed and perfect not only in Britain legal system, but also got a lot of other countries recognition. Along with our country market economy as well as the development of foreign trade, floating mortgage as the role of a financing guarantee way is more and more obvious. Our March 16th,2007 enacted Property law of the People's Republic of China for the first time introducing floating mortgage system, the introduction of the system to reality of laws keep pace with The Times and the economic development of our country has important significance. But should see, our country law floating mortgage system designs so simple that there also has many defects in legislation and practice, it is necessary to pass legislation and judicial interpretation for further perfection.This article with "on the floating mortgage system "as the topic.On the basis of introduces the definition, characteristics of floatin mortgage and value, using a variety of methods discusses the operation of the system, and some other related issues, combined with the legislation and practice of our country, some suggestions to perfect the system of the floating mortgage are proposed.This article mainly includes four parts:The first part is an overview of floating mortgage. This part through conducted semantic analysis, concept definition of floating mortgage, introduces the concept of floating mortgage forming process, floating mortgage features, value function, and the difference with relevant system.Let other related concept to compare with floating mortgage, characteristic and the value of floating mortgage introduced makes us better understand the pros and cons of floating mortgage system, so that we can better control and use of it.The second part about floating mortgage operation system. in this par Introducedt of the establishment of the floating mortgage (including the subject, established the mortgaged property scope, real rights for security scope, registration), floating mortgage dormant (including dormant meaning, mortgage on the rights and obligations, the mortgagee's rights and obligations), the realization of floating mortgage (including mortgage crystallization, hosting people, priority), detailed description of a complete floating mortgage system is what runs up.The third part about floating mortgage's development in China. This section is firstly analyzed the floating mortgage legislation and practice status before new real law enacted in China. And then introduced the reference of our country on floating mortgage system, analyzes the deficiency and review of floating mortgage regulations in real law.The fourth part is our floating mortgage perfect recommendations.China's floating mortgage system is still at the initial stage, legal provision is too simple compare with development mature system of other countries that there is a lot more to perfect. This section discussed the related problems to perfect China's floating mortgage system, and puts forward some ideas.