Research Of Folating Mortgage

As Real Right Law was adopted in our country on March 16th, 2007, Folating Mortgage was formally established, which not only provided a new way to loans and finance for some small and medium operators such as enterprises, individual industrial commercial households or agricultural production operators, but also enabled our Guaranty Law system to be more complete. Its most distinguished feature different from others is that floating mortgagor enjoys the freedom of disposition of their possessions and they could dispose of the property without mortgagee's consent, before the crystallization of floating mortgaged property. While, after that, mortgaged property is determined for its achievement by fixed mortgaging manners. This stipulation has ensured the mortgagee's guaranty benefit, as well as, has provided a guarantee for mortgagor's normal production. At the same time, it meaningfully plays a finance facilitating role.However, there are still many defects in our Floating Mortgage, for example, the simplity of the relevant stipulations in Property Law, low maneuverability and high risk for mortgagor. Therefore, the complement necessity exists here in order to reduce transaction risk and promot the system. This paper introducs a few foreign regulations on the similar system by comparative analysis and offers some suggestions which fits China's national conditions. It aims to put forward valuable ideas and countermeasures. Apart from the introduction and the conclusion, the paper is divided into the following four parts:PartⅠBasic principles of Floating Mortgage.This part introducs the concept, characteristics and establishing process of the system, analyzed the differences between others, besides, sorted out the basic principles.PartⅡAnalysis of the present situations about Floating Mortgage in Our Country.This part presents three points of the system's shortcomings. They are respectively vague set mortgagor's scope, narrow ranged mortgaged property, and hard practical operation. Then, it offers a detailed, targeted analysis to show a full explaination.PartⅢComparison and reference in other nations and regions.This part revealed legislation requirements in other nations and regions from five aspects: mortgagor's scope, mortgaged property range, registration effect, legislation security of the creditors'interests, mortgage execution. It hopefully gets some experience which fits China's national conditions and lays the foundation for the legislative proposal presented below. PartⅣDeep concideration for the system's perfection.This part give five advices about framing mortgagor certification system, expanding mortgaged property range, clarifying conditions of Preemptive Right's performing, making reasonable exercise rules of priority, and introducing administrator system. Finally, it's expecting to bring in better ideas for mortgage pefection in our country.