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On the Floating Charge

Author: ChenQingLi
Tutor: ChenNianBing
School: South China University of Technology
Course: Civil and Commercial Law
Keywords: Floating charge Property Law Deficiencies in the system System improvement
CLC: D923
Type: Master's thesis
Year: 2010
Downloads: 76
Quote: 0
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Abstract


Floating charge is the most subtle one created in England equitable, England lawyers for the most glorious a contribution to create a modern secured transactions legal system. Later, a number of different legal traditions of countries (and regions) in the construction of each guarantee legal system, not only in varying degrees, learn from the introduction of the concept of the rule of the floating charge, but also combined with the actual national further enrich the floating charge system . With the introduction of the Property Law of the People's Republic of China (hereinafter referred to as the \This definitely shows the floating charge system in our country made a good start, but the view from the requirements of the Codex systematic development in China to build a comprehensive enrich and perfect the system of floating charge, will continue to be a complex and difficult long-term work. The legal profession need to \learn from both positive and negative lessons learned in the tortuous development process, based on their own, as I used to, and strive to be universally applicable rule of reason, as a reference for the development and improvement of China's floating mortgage system, excellent combination Seamless integration into our the legal system. In this paper, floating in overseas mortgage system as the starting point of the \System of this article is organized as follows: First, explore the floating charge of several key issues, the concept of floating charges, features, advantages and disadvantages analysis; Second, to discuss the system of floating charge strict and \compare mortgage system; once again demonstrated the floating charge of the key issues, such as the establishment of the floating charge and registration, crystallization and implement. Finally, the combination of the \The basic idea is to do the basic theoretical preparation, integrated the preceding chapter judgment, the next step in the legislative work of the floating charge, to propose amendments and recommendations.

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