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The Research of Floating Charge System in Property Law

Author: LiTao
Tutor: WangLiMin
School: Dalian Maritime University
Course: Civil and Commercial Law
Keywords: Property law Floating charge Entity Procedure
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 348
Quote: 5
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Abstract

With the rapid economic development and deepening inform process, the market is becoming more and more rough. Therefore, enlarging the operation scale has become a vital method to strengthen the enterprise’s status in market. However, with the limitation of scale and capability, some middle and small companies failed to get enough fund through current financing method. In this way, market itself requires a more efficient financing way to enrich the present financing market. A new financing method which originated from England rapidly get the other countries’ favor. In order to satisfy the prompt financing need of the market, our country introduced floating charge in the newly effective "Property Law" on Mar.16^th, 2007. My essay which focusing on "Research of floating charge in property law" discussed some points towards some theoretic and practical issue in our floating system in a total new view concerning the aspects of entity, procedure and risk control etc. Whole essay consist of five chapters. The first chapter introduced the historical background of floating charge. With the Comparation of other countries’ legislation, also with the guideline of our property law, I analyze the merits and demerits of our country’s floating charge. The second chapter mainly focuses on the system of related entity including established entity, the object of floating charge, the effect of floating charge. Meanwhile analyze the related issue to get the conclusion. The third chapter stated the set up and registration of floating charge and the transferring process to fixed consortium security from the view of procedure, also the realization of the floating charge. The fourth chapter is the measure of control risk of floating charge. Analyze the prevention of potential risk pointing to the defaulted aspects. The fifth chapter is some suggestion in order to perfect the theory and practice aspects according to our legislation situation of floating charge in our country.

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