论浮动抵押的完善

Discussion on the Perfection of Floating-Charge

浮动抵押源于英美法系,是伴随着经济发展对新类型担保制度的需要而产生的。由于浮动抵押灵活的制度价值和对融资金融的益处,我国在物权法中引入了浮动抵押制度。本文通过分析物权法上浮动抵押的特点和不足,对完善我国浮动抵押制度的相关问题进行了探讨,并提出具体构想。

＂Floating Charge＂ comes from common law system and comes along with the economic development in need of a new security interest system. For the value of floating charge and the benefit of financing, the system of floating charge is brought into real right law in China. Some characters and defects of system of floating charge are discussed and specific ideas and proposal are envisaged.