Floating Guarantee System Research

Floating charge was constituted in the form of judge-made law with economic development in Britain in 19 century , whereafter ,not only Common law system countries but also Continent legal system countries most adopted the floating charge . It is different from the traditional security system "Fixed security " . its uppermost character is : enterprise hold the free Disposition right of security assets whether or not in the ordinary course of business. Our country mainly referred to Britain and Japan floating charge in Property Rights Law legislation but finally didn' t put the floating charge into draft. Floating charge is increasingly given attentions with rising international economic actions and limited financing channels to enterprise .This article adopts comparative and investigative method (mainly consult Britain and Japan legislation experience , secondly refer to the relative information of America , Italy, China Hong Kong floating charge ) to introduce and compare the floating charge of different countries (regions ) then combine our actual state to analyse and discuss in order to serve constituting our country floating charge.On the basic of comparing with fixed security , this article analysed the law characters of floating charge from followings five aspects(1) its subject is not the general civil subject but the company (stock company) then escalate apply ; (2) there are bank obligatory rights and company debenture according to different counties legislations and our country' s realistic state ; (3) instauration and register should comply with the principle of public notice ;(4) floating charge compete with others security interest by the announcement order ;(5) concerning the realization of floating charge , depend on Crystallise system to change...