| Floating charge is a special security device,which is originally comes form Britain and has been described as "one of most subtle creations of equity." Nowadays, there are two crucial problems that must be solved appropriately.One is the financing difficulties of the enterprises,which is caused by Financial Tsunami.Another problem is how to enrich means of raising money for farmers,according to the new rural communities' construction.The flexibility of floating charge makes it the most effective way to solve the problems mentioned above.But there remain many problems which impede the use of floating charge in China.There is a need of further study of floating charge in order to provide legal solution to problems.As to the loopholes of floating charge;we can make the following improvements: First,the mortgaged property will be expanded to all movable property,real estate,as well as some rights;floating charge should be on the whole property that belongs to the chargee unless having special agreement.Second,adopt dualistic mode in the floating charge registration system.That is to say,the whole properties adopt registration antagonism while parts of them adopt registration effectiveness.Third,the chargee requested the obligations of report,maintenance,and cooperation,must deal with the assets in the "normal operating range".The third person will subject to "restrictive clauses" if he knew the terms of the clauses.In addition,the chargor has the power of inspection,query right,right of consent and revocation right,which establish the mechanisms to protect the interests of chargor.Finally,distinguish different cases in crystallization,permit the re-floating,and need public power confirmation;adopt the receivers,the receiver must be court-appointed and take personal responsibly;establish the priority rules by judging the rights of the nature and crystallization or not as well as other elements. |
