Research On Floating Charge

Floating charge is a distinctive mortgage system which was established by Equity Court in England. It complies with the economic development and breaks through the traditional security, which not only expresses the guarantee value of the matter, but also the value of its use. Floating mortgagors needn’t transfer their collateral, which can be hold now or in the future, and are allowed to handle collateral freely within a certain range. It was introduced by many countries in the world, after one hundred years development. So, in order to adapt to the development of society and economy and to solve the financial problems of small and medium enterprises, the property law introduced the floating charge system. Which means to raise capital, to get rid of the economic crisis, to provide a legal guarantee, to provide good opportunities.However, the property law, with only three provisions, lack of complete facilities and environment, which makes floating charge system will not achieve the desired effect. Especially, the wide range of mortgagor, narrow mortgage and imperfect equipment will cause a series of risk, that is, the mortgagee whose right will not defended face greater risks. Therefore, it is necessary to go further research the floating charge system, to perfect it of our country and to promote the economy develop rapidly.This paper considers the basic theory of floating charge system as the breakthrough point, by comparing the main present legislation situations with Britain, Japan, the United States and other developed countries, reveals the insufficiency of the legislations, then puts forward some perfect methods and measures. Except the preface and conclusion, this paper consists of four parts about30000words, as follows:Part Ⅰ:Introduction to the basic theory of floating charge system. Mainly introduce its concept and character, and further analyze it’s developing track and value.Part Ⅱ:Researching the chattel floating charge system of Chinese in the view of comparative law. This paper introduces the differences of floating charge system between China and foreign countries from the two aspects of the establishment and the realization, such as, the floating subjects, object scopes, registration, crystallization, priority rules and implementation, to further understand the chattel floating charge system.Part III:This paper focuses on the present legislation system on the chattel floating charge of Chinese and checking. By analysis the present legislation, to check the chattel floating charge system of Chinese, which mainly displays:the defects of the system itself, the insufficient legislation, the practical difficulties and credit environment risk.Part Ⅳ:Giving some suggestions to Perfect our country’s floating charge system. This part mainly states the system from the legislation and protection of mortgagee, and give some suggestions to improve its deficiency. That’s to say, to limit the floating subjects to company and LLP, expand object scopes to all chattel property of enterprise, definitude priority order, perfect the registration system, establish the receiver system, etc.