论浮动抵押制度风险的控制策略

On the Control Strategy of Floating Charge System Risk

浮动抵押的优势是在设定担保后,抵押人对抵押物仍享有经营处分权,以实现物尽其用,但由此也给债权人的权利实现带来了巨大风险。为控制浮动抵押的风险,在立法上要限定浮动抵押人的资格,完善浮动抵押债权人的保护制度;银行等债权人在实务操作中要对浮动抵押人做出慎重选择、在合同中详细设计维护自己权益的条款。

The advantages of the floating charge is the security people still enjoy operating dispose of collateral after security in order to achieve the best use, but also brought great risks for the realization of creditors＇ rights. To control the risk of floating charge, in legislation we should limit the eligibility of the floating charge, and improve the protecting system of the floating charge creditor. Banks and other creditors in the practical operation should choose the floating charge main carefully and make a detailed design in the contract provisions to protect their rights.