On The Realization Of Floating Mortgage

In order to adapt to the economic development and the demand of enterprise financing, in the UK case law on the basis of the development of the creation of the floating mortgage system. Judges in the UK through a case description of floating mortgage and the essential characteristics of the specific content, and with the case situation development fully, formed a relatively perfect system. China in order to meet the needs of economic development in the" people's Republic of China Property Law" ( hereinafter referred to as the" property law" ) in breaking the traditional way of security, the introduction of the system, marking the floating mortgage in China formally acknowledged and determined, so as to market main body financing has opened new channels. But in the floating mortgage realization problem, the legal provisions are still not clear enough, there are some problems, this paper attempts to study the analysis and solution of floating mortgage realization phase problem.Besides the preface and conclusion, is divided into three parts: the first part, floating mortgage, fixed mortgage from the floating mortgage and compare proceed with, analysis of its situation, summarize it as a new guarantee system characteristic, conduce to from macroscopical understanding of floating mortgage system, the introduction of floating mortgage system necessity. The second part, floating mortgage realization, the floating charge is determined, including crystallization, crystallization of the effectiveness of such matters. In the floating mortgage execution part, from implementation way, realize the way to explain. In the way to realize detailed auction, sale, discount in the application of floating mortgage. At the same time, this part discusses the process of attention and the legislation in foreign countries to do more, especially on the development of full British the system, analysis of its application in our country can draw lessons from and areas for improvement. The third part, floating charge operation process deficiencies and improvement suggestions. The part of the floating mortgage system in the implementation process deficiencies, brings forward some legislative suggestions, to play a role, in order to make the floating mortgage more perfect.The article tries to probe into the implementation of floating mortgage, analyze the existing priority conflict as well as in the bankruptcy application, proposed the introduction of the system of trustee, the mortgagor shall be reasonable limitation of freedom right of disposition, strengthen credit mechanism establishment, the floating mortgage really play its actual effect, make its become the main types of the way of financing to a certain extent, solve our country small and medium-sized enterprises, individual industrial and commercial household and agricultural production operator's financing problem.