Research On Floating Mortgage System

Guarantee system is set mainly to ensure the realization of creditor’s rights, including the right to mortgage, pledge, lien. Mortgage, as the most important form, has a "the king of guarantee" reputation. With the development of economy and society, the mortgage has constant evolution, new mortgage forms are constantly emerging. In this paper, we can see the floating mortgage system can be traced to the ancient Roman law. In Roman law, in addition to real estate, real estate, with circulation of property can also be as mortgage object. Polymer mortgage and general mortgage, are floating charge in its original form. However, due to the "specific" and the principle of "one thing, one right",the continental law system had not inherited the floating charge in Roman law. The British equity law allows companies in the free circulation of property as collateral property guaranty, the first to recognize the legitimacy of the floating mortgage. Due to the floating mortgage system has many advantages:the fully use of the mortgaged property; enhance the company’s ability to guarantee; to make up for the disadvantages of traditional real right for security. Most of the countries and regions borrow experiences from British, and set up their own floating mortgage system.In recent years, China’s economic development, small and medium enterprises promote the economic development of China. But because of the small size and limited property, they generally face financing difficulties. In order to solve the universal problems,the "Property Law" conform to the demands of economic development and social life, transplant the British floating charge system. This paper analyze the legislative provisions of the floating charge system from the "property law", through the comparison of relevant systems from other countries and regions, and give some proposal in order to perfect the floating mortgage system of our country.This paper is divided into four parts to discuss:The first part is an overview of the floating charge system, mainly introduces the history of the floating charge,China’s legislation and legal analysis, and the main characteristics of the floating mortgage.The second part is the comparison of the floating mortgage system and other real right for security system. It consists of three parts:first, the comparison of floating mortgage system and traditional security interests; second, floating mortgage system and the maximum amount of mortgage; third, floating mortgage system and mortgage system consortium.The third part is to point out the deficiencies of existing floating mortgage system in our country.By drawing on the experience of foreign countries outstanding floating mortgage system, the relevant suggestions have been put forward.This part is mainly divided into two aspects:first, suggestions for the perfect of the law; second, suggestions for the perfect of relevant system needed in the real world.