Floating Mortgage System Research

Floating mortgage system in Anglo-American law and civil law is an important and special guarantee system, in the enterprise financing plays an important role. In under the environment of China's entry into WTO, the enterprise needs more use of international environment and resources, through the international financing, developing social economy and prosperity market economy. To construct a set of perfect and flexible guarantee system is imminent.More importantly, guarantee real property law in the same thing on the priority between, China as the core of the real rights for security woven into chattel property law, chattel mortgage, pledge, lien and rights of powers is easily make the same chattel happened between different real rights for security problems and chattels be paid to mortgage registration problems, affects wholeness,. Our country the first 181 regulation law the reality. Article 189 in clause 2 also set the normal business operations by the chase and purchasers not rules, but no provisions unified chattels prescribed sequence suffer countervail repayment, scientific and normative enough. Therefore, it is necessary to learn from foreign experience to complement it and perfect.This article through four chapters of floating mortgage system content analysis and research.The first chapter floating mortgage system overview. Briefly on a floating mortgage system concept, characteristics were introduced, and then on a floating mortgage system establishment program requirements and claims are analyzed, and then type clarified floating mortgage system and other real rights for security relationship.The second chapter of foreign floating mortgage system, makes a comparative study on British law introduced briefly the general floating mortgage system, American law the floating mortgage system, continental law the floating mortgage and Japan transplantation of floating mortgage system, and points out the for our reference.The third chapter of the general operation floating mortgage system made theory analysis, introduced the reality of the establishment of floating mortgage subjects, matters scope, floating mortgage contract, registration, property identified with effectiveness.The fourth chapter perfect our country's real rights for security legal systems of floating in the mortgage advice, the paper's core part. In view of the existing legislation and the relevant provisions of the draft, the generalization and stereotype from using combination of legislative model, expand the scope of subject adjustable rate mortgages, floating hypothec person right judgment, the reasonable limit purchasers do not suffer chase and increase the rules and purchase price gold security right, establish and improve the real rights for security in order to receive repayment movable property puts forward Suggestions on legislation, and establishing a uniform system of floating mortgage system puts forward his own opinions.