The Theory Of Floating Charge System

Floating mortgage system first appeared in English law, other than a securityinterest is concerned, floating mortgage system has obvious advantages. The mostimportant feature of the system is to allow floating charge mortgagor during floatingcharge, still holds the rights to dispose of the mortgaged property, the property canbe secured for normal production and business activities during the mortgage. Thisfeature makes the value of the collateral has been maximized to achieve, among thevarious types of financing instruments, floating charges received a manner widelywelcomed countries. Development of China "Property Law", but also introduced afloating charge system. And around the floating charge system introduced therelevant regulations and judicial interpretations. However, the floating charge systemin China has just started, floating mortgage system is not only associated with ourtraditional system of conflict, but there are some flaws in it and practice on thelegislation.This paper first introduces the basic situation begins floating charge system,including the concept of a floating charge, features and other aspects of the problem,followed by focusing on the development of the historical development of floatingcharges and floating charges in the world, and thus leads to our floating Specificanalysis of mortgage system.In this paper, the analysis, comparison, synthesis, deductive reasoning and otheracademic argumentation method, I had floating charge system is described in detailfrom the substantive and procedural institutional system. And subsequently proposedthe existence of a system of floating mortgage problems. And then finally putforward their views to improve the system for the problem of floating chargethrough the article.