The Study On The Related Legal Issues Of Floating Mortgage

In the past years, floating mortgage is becoming the new financing guarantee in the market economy system as its special system superiority. To conform to the new trend, "Property Law" of China also introduces the floating charge. However, priority of payment, which is the most important overall the floating mortgage system, rarely provided.In this paper, we discuss the floating mortgage related legal issues and focuses on the priority of payment. The outline of the paper is organized as follows:I. This paper discusses the basic theory of floating mortgage, together with the definition and the value of the system,and also the status quo of China's legislation.II. Analysis of the existing normal business activities of the validity of floating mortgage purchase at the time of confrontation, including foreign questions about the relevant provisions of our country, lack of legislation, normal business activities are not subject to buy chase and rules of the value and significance of the correct understanding and definition of the rules and conditionsIII. This part expounds the problem of the compensation for the purchase price of the security and the floating mortgage, including the overview of the purchase price, the coexistence of the two and the treatment of the general rule and the exception.IV. This part discusses the recognition of the repayment of the floating mortgage in the presence of restrictive clauses, with the overview of the restrictive clause, the source of the validity and the determination of the rule as the breakthrough point.V. This part proposes the solutions of the floating mortgage bankruptcy priority, through the analysis of the extraterritorial law on insolvency proceedings in the floating mortgage priority of the provisions and the legislative situation in our country.VI. This part demonstrates the process of the priority of payment when the floating mortgage and other security rights coexist, from the aspect of the floating mortgage and lien, mortgage or pledge coexist.