| With the continuous development of Chinese economy,more and more enterprises devote themselves to market transactions.Floating mortgage provides financing channels for small and medium-sized enterprises with insufficient assets but good reputation.However,practice is the only criterion to test truth.The market environment is complicated,and the drawbacks of floating mortgage system are gradually emerging.In the long run,the excessive dominance of the floating mortgagee over the debtor’s future property will make it difficult for the debtor to obtain financing again,and the potential creditors will inevitably be inferior to the floating mortgagee in the order of compensation,which will lead to the deterioration of the business environment,and the economic development will be greatly hindered.The introduction of the purchase price guarantee right system effectively alleviates this problem,endows the subsequent mortgagees with super priority,takes into account the interests of all parties,adjusts the absolute status of floating mortgage and breaks its "siphon effect".As an important achievement of legal transplantation,the purchase price guaranty right system in our country is the result of the achievements of excellent rule of law in the world.Since there is still no judicial practice in application,its applicable rules should be discussed in detail so as to better use it in practice and solve disputes.The author intends to analyze the application conditions of the purchase price guarantee right from four perspectives: the subject of the right,the object of the right,the price of the mortgage and the registration of the grace period,analyze the reasons for its super priority from the perspective of the priority of the guarantee real right,and highlight the necessity of introducing the purchase price guarantee system by describing the deficiencies of the ownership retention system.However,the super priority of the purchase price security right is not always prior to other security rights,but will be inferior to the lien. |
