Research On Floating Charge

With the rapid economic development, bank financing become an important way to ensure sufficient funds. With the increasing scarcity of suitable real estate mortgage, whether business or the banking sector are actively looking for more updated way of security. In 2007 China's "property law" provides for floating charge system for the enterprise, individual industrial and commercial households, agricultural production and management to provide a new financing channels. Continental civil law with the traditional fixed mortgage compared to China's legal theory and whether practitioners should be established in our system of floating charge, as well as China's "Property Law" floating charge on the operating system is still a reasonable possibility of many different views. This article from the floating charge system, the basic theory, basic analysis of the contents of the floating charge system, and by comparing the provisions of foreign legislation, combined with our legal and economic life of the actual situation of China's floating charge analysis of the law, and to improve the China's floating charge system recommendations. Full text of the introduction, body and conclusion of three parts.Introduction focuses primarily on China to establish the legislative background of floating charge system and writing motivation. Begins by describing China's enterprises and banks to the new financing by way of security thirst; second describes some countries use a floating mortgage financing has become an important financing channels; again that China's "property law" to determine the floating charge system has many deficiencies, resulting in the In practice, the lack of interoperability. Description of the floating charge system has practical significance and theoretical significance.Body consists of four parts. The first part, a description about function and history of the system for the floating charge. Produced by tracing the source of floating charges and development, outlining the content and the floating charges has become a widely accepted the world of financing. By way of security of fixed mortgage comparison, summarized the three prominent features of the floating charge: floating mortgage collateral "floating nature", people are free to dispose of mortgage collateral, collateral mortgage fixed is the premise of the exercise. Floating charge system in the origin and concept of the study based on the sum of the four floating charge has the features and benefits: the floating charge will help to guarantee the financing of new property into the international scope of property to expand financing channels for enterprises; help to improve international financing guarantee capacity; help to reduce transaction costs of international financial guarantees; help to avoid financial bankruptcy, to protect the interests of creditors.The second part is a floating charge system of Comparative Law. The United States and the United Kingdom system of floating charge on the basis of comparative studies summarized in the United States and Britain set the floating charge in its main body, collateral, collateral floating charge creditors the right to sequence differences on the issue. In addition, the common law and civil law system of floating charge secured a comparative study of the consortium, the consortium concluded floating charges and mortgages have some similarities in function, but still there are two essential differences: the floating charge is a species of special focus on the future by means of mortgage assets, the nature of the consortium is still fixed mortgage mortgage; in a floating charge, the mortgagor, after setting the floating charge can still use and disposition of collateral, and without setting a fixed mortgage mortgage the consent of the mortgagor can not be free to dispose of the collateral.The third part,our system of floating charge. China's theoretical circles have been floating charge to the existence of collateral to guarantee the uncertainty of whether a claim is rational and floating charge is set up in China will lead to a series of practical problems of concern that China should not set up floating charge system. This section describes both positive and negative from the floating charge of the theoretical basis and practical significance in our analysis of our established system of floating charge reasonable and necessary. In addition, for our "property law" to determine the floating charge system, the legal relationship from the start floating charge, floating charge are the settings from our main subject of mortgage, the mortgagor of mortgaged property, free enterprise and limited management rights, floating charges set, the floating charge immobilization in five subject areas, from the floating charge system constructed with foreign comparative analysis shows that our perspective there are many floating mortgage system deficiencies.The fourth part, improving our floating charge regime. From the essential characteristics of the floating charge collateral "floating" of that system's strengths and floating charge "flawed" are resulting, how to play the advantages of a floating charge and to overcome their plight is likely to build a floating charge systems have tried to solve the problem. Based on the above basis of theoretical analysis, combined with China's floating charge under the law, the following four-point proposal improve our floating charge system in order to strengthen the institutional and operational practices to protect the interests of creditors. The four-point proposal includes: a rigorous screening setting the main subject of a floating charge, mortgage contract, detailed design, build floating charge of publicity system, build a floating mortgage fast and efficient implementation mechanisms.