Research On The Legal System Of Floating Charge

To solve the problem of the financing and advance the development of the economy, the new enacted property law prescribes the floating charge. The floating charge which before the crystallisation of the floating charge the chargor has the right to deal with the property is different from the traditional mortgage. The floating charge has the value in use and the value in exchange which can promote the special function of the property. The right of the disposition make the chargor facing the great risk because of the variable feature. It is necessary to prescribe the floating charge elaborate and perfect. However, the property law prescribes the floating charge only three articles which are simple and impractical, then, the chargor has to face the great risk. So the study of the floating charge can promote the perfection of the legislature and prevent the risk.This paper focuses the legislature and the risk of the floating charge and compares the different legislatures so as to give useful suggestions and ideas. Except the preface and conclusion, this paper is divided into three parts about 3,6000 words.The first part is the general knowledge of the floating charge. In this part, this paper first introduces the formation of the floating charge and gives the concept of the floating charge with the description of the English judge. Then this paper analyzes the relationship and the difference and the strong point and weak point. Finally, this paper compares the general system of the typical countries to achieve the defining of theory.The second part is the operation of the floating charge. In this part, this paper introduces the comprehensive knowledge of floating charge with the procedures and main consents, including the subject, the establishment, the credit, the objective matter, the registration, the restriction, the crystallization, receivers, the order of payment This interpretation can make the floating charge clear and comprehensive.The third part is the personal property floating charge and the prevention of the risk In this part, this paper analyzes the personal property floating charge and points out its flaws that the provisions are simple and impractical and the receivers and the order of the payment. So this paper suggests the legislature proposals. Hence, this paper pays attention to the choose of the charger and the guaranty, adopts the mixing charge, utilizes contract revocation, conservatory measures before the litigation, the perfect charge contract.