Of Floating Mortgage Perfect Repayment Subordinated Rules

Borrowing funds is a very important approach of financing toenterprise, but as the funds lent a party creditors in order to ensure that itsborrowing to be paid, often require the debtor to provide certainguarantees in order to reduce its credit risk. Often easier to providesecurity for large enterprises with good reputation, strong assets, but mostof the SMEs, due to insufficient assets as security, often by banks shut, itis difficult to obtain effective financing. In order to solve the the problemof the borrowing of funds for small and medium-sized enterprises andagricultural producers,"Property Law" promulgated in2007theintroduction of a floating charge system.The borrowing of funds of the enterprise is a very important way offinancing, but as the funds lent a party creditors in order to ensure that itsborrowing to be paid, often require the debtor to provide certainguarantees in order to reduce its credit risk often easier to provide securityfor large enterprises with good reputation, strong assets, but most of theSMEs, due to insufficient assets as security, often by banks shut, it isdifficult to obtain effective financing. In order to solve the the problem ofthe borrowing of funds for small and medium-sized enterprises andagricultural producers,"Property Law" promulgated in2007theintroduction of a floating charge system.Floating charge system is initially started in the United Kingdom law,after100years of development, perfecting. Compared with the fixedcharge system, the floating charge to more fully play the financing function of the material to expand the financing channels of SMEs, butalso more conducive to the best use. Since the British equitable creation offloating charge system, in the two legal systems are widely applicable, andwas praised as "extremely convenient" and "very useful", the most tolerantof the guarantee form. Also based on this, the floating charge system moreand more countries adopted. However, the introduction of the floatingcharge system to play its financing function can not be ignored as thesecurity value of the security interest. China's Property Law in theintroduction of a floating charge system, it is precisely the lack of care ofits security. Provisions are too simple, lack of coordination mechanism issupplemented by a comprehensive floating charge system with a stronguncertainty in practice, lead to the final realization of floating mortgageeof its claims or not is difficult to form a reasonable expectation, therebyreducing the a floating charge the operability of the system in practice.This paper selects the floating mortgage repayment along rules forthe study, it is taking into account the concerns of the floating mortgageeclaims of future uncertainty. Through the use of research, historicalresearch and value analysis, to explore England, Scotland, the UnitedStates, Japan and other countries and regions floating mortgage repaymentsequence of rules, to explore the floating mortgage repayment sequence ofrules for China's national conditions, and strive to balance the interests ofthe parties reasonably determine the floating pick of the rights of themortgagee and other stakeholders.