Floating Mortgage System Research

The debtor to its existing or will some property mortgages for interests of creditors, it not transfer pawn possession, can use in the future, and allows the guarantor mortgage of property in normal business scope free sanctions property. This is a 19th century British case law system of the adjustable rate mortgages. Floating mortgage system is the product of the high-speed development of market economy. For hundreds of years, floating mortgage has been British company financing common practice. At present our country is in the high-speed economic development, the transformation of the society faces important period, enterprise development, especially small and medium-sized enterprise development in economic and social development has important position. As a new legal system according to its own reality, our country in the basis of the system introduced.On oct. 1, 2007 of the implementation of the law of the People's Republic of China first 181 regulation: writing by the agreement, enterprises and individual industrial and commercial household or agricultural production operator can will existing production equipment, and will some raw materials, semi-finished products, product mortgage, the obligor fails to pay its/his due debts or any of the stipulated by the parties concerned for realizing the mortgage right case, the obligee has the right to realize the chattel mortgage newly-constructed priorities are. The proposed law, marking the guaranty field in China and taken a big step forward - floating mortgage system began in our country is established. Yet China's laws on the provisions of the system is not perfect, it makes the system in the running process has many shortcomings, need combined with actual situation in China on the basis of practice constantly improved.This paper on a floating mortgage system analyzed, using comparison research method of this system in other country's rules and operation are analyzed and compared, and combining with the actual situation in our country on a floating mortgage refinement and perfect the system of Suggestions and opinions, hope can be realized at an early date introduction of the system of localization.The full introduction, except by four parts.The first part: floating mortgage system overview. This section on a floating mortgage system the historical background of the emergence, the concept and characteristic of mortgage system are expounded. Also comparing the mainland legal system and Anglo-American law adjustable rate mortgages system; Part 2: this paper discusses the general operation mechanism mortgage system. Mainly to the UK, Japan, the United States and other countries for the establishment of floating mortgage subject, the mortgaged property, the registration validity, and scope of the floating guarantee inactivity and crystallization makes a comparative analysis;Part 3: analyzes the advantage and floating guarantee system defect and inadequacy. Floating mortgage system advantage is wide range includes the mortgaged property movable property, real estate, tangible assets, intangible assets and future property, registration in a flexible and easy, low cost. Defects and shortcomings of social credibility is the demand is higher, higher risk control requirements;Part 4: analyzing the property law, the provisions on adjustable rate mortgages system and in view of their defects and shortcomings, and puts forward concrete consummates our country floating mortgage system Suggestions and opinions.