The Research Of The Liquidation Order Of The Floating Charge In Bankruptcy

To solve the financing difficulties of small and medium enterprises in China,“Property Law” in the legislation transplanted the British floating mortgage system.As a new type of financing guarantee,floating mortgage plays an important role in promoting the development and growth of small and medium-sized enterprises.However,the value of the floating mortgage system can not be fully realized because the provisions of the Property Law are too rough and simple for the floating mortgage system.In reality,due to floating mortgage disputes caused by endless.Especially when the enterprise is facing bankruptcy,the protection of floating mortgage guarantee claims in the bankruptcy proceedings to be achieved,the greatest degree of maintenance of the interests of creditors and debtors,has become an urgent problem to be solved.This paper explores the relationship between floating mortgage and bankruptcy and exemption,expounds the right attribute of floating mortgage in bankruptcy settlement procedure,and then investigates the legal regulation of floating mortgage system from the perspective of “property law” and “bankruptcy law”.And then from the perspective of the real right to discuss the floating mortgage and other bankruptcy-related rights in the bankruptcy settlement proceedings in the order of the conflict,and finally put forward to improve the floating mortgage in the bankruptcy proceedings in the run,Part of the composition:The first part,the focus of discussion,floating mortgage can become the basic right of extradition.Through the detailed explanation of the basic content of floating mortgage and other exemption,this paper analyzes the rationality of the floating right as the basic right of the other right of exemption,and clarifies the basic right of floating mortgage right.The second part,the legislative investigation,the floating law of the relevant legal provisions of the study.By investigating the relevant laws and regulations of floating mortgage in the Property Law and the Bankruptcy Law,this paper studies the exercise of floating mortgage in bankruptcy settlement and points out the problems in the exercise.The third part,the conflict of rights,analyzes the real right conflict of thefloating mortgage in the bankruptcy settlement procedure.By examining the priority effect of floating mortgage and other bankruptcy claims,it is determined that the floating mortgage is in the bankruptcy settlement procedure.The fourth part,the perfect proposal,in order to protect the floating mortgage in the bankruptcy settlement process to achieve the “property law”and “bankruptcy law”as the basis,and the reality of the conflict of rights issues,to improve the shallow to see the realization of floating mortgage in bankruptcy procedure.