System of Floating charge was an innovation in the Guarantee system. It played a pivotal role in the field of corporate finance in the UK and even in financial collateral security fields all over the world. In2007, this system was introduced to China in the Property Law.In the Property Law, only article181,189and196directly related to the Floating charge, and basically are some frame rules. These makes floating mortgage system lack of operability in our country.In this context, I want to analyze the relevant legal issues of Article181of Property Law and put forward some suggestions to improve the system. In addition to the introduction and conclusion, this paper is divided into four parts.The first part mainly expounds the structure of Floating Charge system in Article181of Property Law in China, including historical backgroundã€connotation of the article and its position in the legal system. This part is the foundation of this dissertation.In part two, I will analysis the nature of article181of property law in China, by comparing with the floating charge of common-law system and the consortium charge of civil law system. Three system are much alike, but each have its own characteristics. By compared with the similar system, I intend to make the nature of article181of property law more clear.The third part mainly analyzes the existing problems and defects of the article181of property law. Floating mortgage in our country has certain problems in legal provisions and practice applicable. I will analyze it and point out the problern. This part builds the foundation of the suggestions that i put forward.The fourth part is the conclusion of this paper. Based on the defects of Article181and its relevant regulations, i will put forward my own proposals. |