The Improvement Of The Floating Mortgage System In China

As "the property law " of floating mortgage system is regulation, relatively simple and coarse in our country,and plus floating mortgage itself inherent risks, make the lender to choose the traditional fixed mortgages which is more safe.As the result, the use of adjustable rate mortgages system to expand channels of financing intention of lawmaking will not achieve. Therefore, it is necessary for us to exist provisions for the vagueness clear, make our country floating mortgage system further refinement and more perfect to operation mechanism, enhance operability, make floating mortgage system effectively play its financing in our country. The author tries to research of the mortgagor floating mortgage system, the scope of subject matter, mortgages, crystal condition, method of public order and so on a series of realizing the mortgage from the system out adjustable rate mortgages, historical origin and the concept of " the property law " interpretation of law, then give some messages about how to construct and perfect the relevant system, protect the mortgagee interests, so as to put forward some countermeasures to rebuild our floating mortgage system.This paper adopts historical research and comparison research method, from two aspects of transverse and longitudinal floating mortgage system and combining with the domestic and international new legislation related problems of theory to analysis and to explore discuss our floating mortgage system construction and perfect. On one hand, from the concept of floating mortgage and the source to explan the floating mortgages, and compared with other real rights for security, highlighting floating mortgage which is different from other real rights for security features. By describing the unique set up and execute elements, to reveal the value of adjustable rate mortgages, and points out the advantages and defects of the floating mortgage. On the other hand, transverse comparison, through reference analysis continental law system and the Anglo-American system on a floating mortgage, to analyze our country property law on the floating mortgage system,find out and clean the defects of the current regulations and insufficient.