The Movable Property Floating Mortgage System In China

The floating mortgage system itself originated in Anglo-American law system,mainly is for personal property.The system has a unique historical background.But our country in the current social and economic conditions will absorb the system reference,looking forward to the system can play a proper role.But the system in our country is still in the stage of development,from the property law was first established in the legislation in the floating mortgage is ten years or so,however,floating mortgage system in our country has a large space for development.In this paper,combined with a variety of research methods,and put forward problems,analyzing problems,to carry out the study of logical thinking to solve the problem.It must be pointed out that the floating mortgage system research must be combined with China's national conditions,regardless of the state and all transplant this system related content.This paper mainly introduces the overall operation of the floating mortgage system and explains the current status of floating mortgage legislation present situation and practice in our country.Among them,the fear is that the system in our country is not desired,the system will run to the mortgagor and the mortgagee have certain negative impact.Especially the mortgagee to reduce risk,tend not to take the floating mortgage system,and rely more on real estate mortgage.The floating mortgage in our country faces less embarrassing situation.To perfect the current floating mortgage system,not only need to make a clear definition of the applicable conditions of the system in terms of legislation,clear the system applies the main body,further widening the scope of the mortgaged property.And must be clear when there are multiple mortgage collateral that include floating mortgage,how to define different mortgagee of the sequence.The perfection of legislation,of course,is just one side,also need the perfection of the whole social credit system,thus effectively reduce potential risks faced by financial institutions,to promote financial institutions to take the initiative to apply floating mortgage.