Research On The Legal System Of Floating Charge

The development of economic lead to the emergence of the guarantee system. With the acceleration of industrialization, gradually increased financing needs of enterprises. When using traditional financing methods can not meet the security needs of corporate finance, when the establishment of a floating charge on current assets by way of security attendant. Floating charge to be recognized as a legal system began in the mid 19th century in England. Since then, the legal system because of its unique features and value of institutional strengths, and gradually, most common law countries to accept this system. At the same time, many civil law countries and regions also have the system learn and transplantation. The Property Law of China in 2007 also clearly introduced the floating charge system.In fact, in the legislative process of Property Law, whether floating charge system should be introduced there is a big controversy by scholars. Ultimately, legislators from the solution to the current domestic credit market, the contradictions of this perspective, the legislation provides for this system. But in property law, the system of floating charges there is a big design flaw, whether articles are organized in, or in the number of legal norms, are not catch up with the legal system of other developed countries. Resulting in the domestic financing of this system has been effectively in practice difficult to use. So, how to improve the system of floating charge in Chiana becomes a pressing problem at present.In this paper, the five chapters of the floating charge system were analyzed. The first chapter describes a general floating charge system, which includes the origination of the floating charge, concepts, and differences with other related concepts, and analyzes the advantages and disadvantages of floating charge system itself. The second chapter describes the status of the system of floating charge. From Corporate Financing Guarantee, elaborates the system of the need for the introduction of floating charge, then the floating of our current mortgage system were analyzed. The third chapter describes the establishment of the floating charge, analyzes the subjects, objects, registration, and the right to dispose of floating charge. The process used in the analysis of the comparative method, the relevant laws and regulations of China were examined. Chapter four describes the implementation of the floating charge, which includes the crystallization of the floating charge, implementation and realization of the priority pick these issues. In the fifth chapter, for the third and fourth chapter of the proposed problems in the current system, each put forward a sound proposal.