Research On The Sequense Of Payment In Floating Charge

Floating mortgage system originated in the United Kingdom equity, in 2007, "Property Law" was officially introduced into our country. Compared to ordinary mortgages, floating the mortgaged property has no specific and collective and floating characteristics, for some reason can not reach the standard warranty and difficult to obtain traditional financing companies, provides a new way of financing, floating charge its unique advantages set financing, guarantees and businesses to maximize the benefits of three-in-one, to China’s economic development provides a good support. Because of the bankruptcy law, only the real rights for security restrictions regulated in bankruptcy proceedings, and not explicitly to floating mortgage, produced some problems in practice.This article from two perspectives, "Property Law" and the "Bankruptcy Law" floating charge separately analyzed and elaborated on issues put forward their own proposals, the full text consists of the following five parts:The first part, the bankruptcy law of floating mortgage right of exclusion and foundation. In the bankruptcy law, can on a floating mortgage as a foundation for the rights of the right of exclusion and seek preferred payments and other related problems are discussed, and illustrates the main meaning of study the sequence of the floating mortgage repayment.The second part, the sequence of the floating mortgage repayment problems. With comparison method introduces the Britain, the United States, Japan and our country Hong Kong area to the problem of floating mortgage rules, hope to promote some enlightenment to the development and perfection of floating mortgage system in our country.The third part, the problem of the sequence of the floating mortgage repayment of legislation and the defects. This paper expounds the current floating mortgage rules and characteristics of the property law in our country, and to the enterprise bankruptcy law contains restrictive terms of floating mortgage of the real rights for security. With a case raises the mortgage of a floating line to the fact that it is not clear the situation.The fourth part, the perfect Suggestions. Because of floating mortgage is different from the general to the mortgage system characteristics, its easy to produce the right competition, in practice, the author from two aspects of the property law and the enterprise bankruptcy law is concurrence of right to pay off the sequence problem put forward its own proposals.