Study On The Plight And Countermeasures Of Chattel Floating Charge

Floating charge, for our country is a new important guarantee form incommodity economy, but it has been applied in the UK as early as a hundred yearsago and plays an important role in corporate finance Guarantee. After the Westerndeveloped countries have pledged to establish a floating regime or a similar system,China is also in force by2007,"Property Law" establishing the floating chattelmortgage system. However, because the design principles about legal system offloating charge are too difficult to meet the needs of practice development. In thispaper, in order to improve our system of floating charge, I will analyze it based onsystem design and practical cases and combine with the actual system of floatingcharge in our country, through exploring the origin and development of floatingcharge, analyzing related theory and elaborating legislation of the foreign.This paper begins with the legislation of floating charge in foreign countries andends with defects and improvement for the legal provisions of the floating mortgagesystem, expecting to provide some ideas for the commencement of the relevantpractice. The paper is divided into three parts: the first part is about exploration of theorigin and meaning of floating charge system. First, from the historical developmentof the floating charges system to oriented concepts analysis. Secondly, commenttheoretical basis, concluding that “trust doctrine “can provide a reasonable basis forthe theory floating charge through comparing results. Finally, make the characteristicsof the floating charge clear, and compare a collection of mortgages, financialmortgage, the maximum mortgage with fixed mortgage, to avoid confusion aboutrelated concepts. The second part is to analyze related practices of floating chargesand highlight experience of floating charges about major countries likeBritish-American law and civil law. The third part is the In-depth evaluation offloating charge system and analysis of the policy, to indicate related defects andexplore t countermeasure to improve it.