Researching On Floating Charge And Its Establishment

Floating charge is a special way of security, it allows the debtor to set upmortgage by the property owned in current and future, and before the mortgage rightrealizing, the debtor have the freedom to dispose of the mortgaged property.Compared with traditional mortgages, floating charge is to meet the socialdevelopment of the commercial, has a natural advantage in financing and operating instable. The setting up is the starting point of floating charge; it contains subject, object,registration system and other elements.Floating charge originated from Anglo-American law, it has gradually beenabsorbed by, and according to their own national conditions, and major civil lawcountries have created a similar mortgaged system. Based on the study of foreignfloating charge system, we can get a lot of beneficial enlightenment.Floating charge has very obvious commercial features; business mortgage(mortgage of business property) is the projection of floating charge in commercial lawsystem. Through the commercial analysis, it can be found that the company is themost suitable mortgagor of floating charge, and other economy main body can also setup floating charge under certain conditions; subject matter of floating charge andbusiness property has the same composition. In practice, it should be paid specialattention on the intangible property and the debt.After many setbacks, promulgated the implementation of the People’s Republicof China Real Right Law has been promulgated in2007, it has creatively transplantedfloating charge system. But judging from the content of legislation, the setting up offloating charge has still existed many defects, the subject range is too broad, theobject scope is narrow, and the registration system is not complete. In view of this, on the one hand, we should set up a targeted reform the setting up elements of floatingcharge by based on floating charge of commercial properties, adjust the range ofsubject and object, improve the registration system; on the other hand, in order toperfect the relevant legislation, establish the supporting system, promoting thefloating charge development in China.