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Floating Charge System

Author: ZhangWei
Tutor: HuangJianQiu
School: Suzhou University
Course: Legal
Keywords: Property Law Floating charge Legal value Social function Perfect
CLC: D923
Type: Master's thesis
Year: 2008
Downloads: 178
Quote: 1
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Abstract


With the development of market economy and social changes , more and more attention on the object of national circulation relationship in rem utilization. Many countries outside the fixed mortgage provides some atypical way of security , floating charge is one of them. Flexibility in the operation of a floating charge characteristics adapted to the requirements of modern industrial and commercial financing . Compared to other forms of collateral , the mortgaged property has a floating floating charge resistance, can be transformed into sexual nature , such as the subject of extensive legal characteristics . It is these characteristics that make floating mortgage system from which it arises , it will have a value in the legal and social functions on the two sides. Therefore, we need them to be contradictory and negativity equitable and regulation. First, standardize the scope of its floating charge , in order to give full play to the financing secured floating charge function, not only an organization's existing property, but the property of the future ; only enterprise of movable and immovable and rights can be incorporated into the scope of the guarantee . And because floating charge on the registration rules and realization of the right differs from a fixed charge , the need to establish a unified registration system and a special way to achieve - to take over and liquidate . Finally, the paper analyzes the presence of floating mortgage system deficiencies, from the body , the range of collateral , the mortgagee protection and other aspects put forward some improvement measures and recommendations.

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CLC: > Political, legal > Legal > Chinese law > China and France
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