浮动抵押制度的优缺点与立法构架探讨

随着经济的不断发展,为适应企业融资的需要,英美法系创立了浮动抵押制度,浮动性是其本质特征。在我国的经济生浩中,浮动抵押已不乏实践,但缺少明确的法律规定。我国应考虑引入浮动抵押制度,以完善我国的担保法,并对其不足作清醒的认识,通过恰当的制度设计使之更符合我国的现实需要。

Advantages and Defects of Floating-charge System and Legislative Discussion

To obtain capital and promote economic development, floating charge has been legalized in the British and American law. Floating charge is characterized by floating, the practices of which are not rare in china but not related legal provisions. The authors hold that floating charge should be legalized in China so as to perfect the country' s law of guarantee. However, the defects of floating charge system should not be ignored, and they can be minimized by proper system designing.