| As an important way of financing guarantee in market economy,floating charge system has failed to achieve the expected social application effect in China.One of the main institutional dilemmas is the lack of floating charge logistics rules.On the basis of the property law of 2007,the 2020 civil code has made great changes and innovative introduction to the floating charge logistics rules,which is mainly reflected in article 404 and 416 of the civil code.This paper takes the two norms as the analysis object,discusses their legitimacy basis,analyzes their specific application requirements,and examines their respective problems,and finally attempts to put forward appropriate solutions.This paper expects to grasp the floating charge logistics dynamic rules of the civil code,help the future practice of the proper use of legal norms,and further improve the floating charge logistics dynamic rules in China.This paper includes five parts,the following are detailed.The first part is the problem.This paper introduces the origin and development of the floating charge system,which shows the special value of the floating charge system in practical financing.Then it expounds the dilemma of the application effect of the floating charge system in China,and points out that the main crux of the dilemma lies in the lack of floating charge logistics rules.Finally,it introduces the current practice and legislative response to the dilemma of the floating charge system,and through the analysis of the problems,the introduction of the relevant provisions and disputes in the civil code clarifies the scope and necessity of this study.The second part is the basic theory of floating charge flow rules.Firstly,it explains the content of floating charge logistics rules:secondly,it expounds the basic theory of outflow rules,explains the meaning of buyer’s non pursuit rules,and through the analysis of chattel mortgage and floating charge have the saiue practical needs to promote transactions and protect the buyer’s truist,it comes to the conclusion that article 404 of civil code should be affirmed:secondly,it introduces inflow rules Based on the basic theory of the rules,combined with the theory and regulations of comparative law,this paper explains the creation process,connotation and types of the purchase price mortgage,and expounds the super priority effect of the purchase price mortgage and the exceptional inability to resist the lien,and points out that its justification lies in stimulating financing,reducing transaction costs and maintaining the balance of interests.The third part is about the application and perfection of the rule of buyers in ordinary course of business.Firstly,the article explains the applicable conditions of the rule of buyers in ordinary course of business in article 404 of the civil code,including normal business activities,the buyer’s good faith,the payment of reasonable price and the way of delivery of the acquired property,etc.;secondly,it points out the problem of mortgage property pool deficit caused by the rule of buyers in ordinary course of business,which is based on the existing civil law theory and system Finally,it focuses on clarifying the specific structure of the solution path,including that the transfer price should be expanded,the effectiveness of the security right on the subrogation of different transfer prices is different,the rule should be placed in article 404 of the civil code,and the determination rule of money subrogation in American law should be introduced.The fourth part is the Constitution and problem solving of the purchase price mortgage rules.This paper first analyzes the constituent elements of the purchase price mortgage rules,including the causal relationship between the purchase price and the mortgaged property,the reasonable amount of the claim of the purchase price,and the registration within ten days after the delivery of the subject matter.Then it points out that the purchase price mortgage can resist the unreasonable problem of other security rights that are publicized in advance within the grace period of publicity,and it should deal with the "its" in article 416 of the civil code Then,it introduces the classified regulation of the grace period of publicity in foreign laws,and through detailed analysis and combined with the actual situation of our country,it makes suggestions on the amendment of the law that the grace period of publicity should be cancelled;finally,it explains the conflict between the retention of ownership and the mortgage of purchase price,and clarifies that the mortgage of purchase price should be used as the basis The rules for processing.The fifth part is the conclusion.The above research results will be summarized. |
