英国浮动抵押制度的究-外文翻译.docxVIP

British floating mortgage system researchReagan BeckerPerfection of securities systems is very important in each legalsystem because security is the oil and engine of the development of economyand there is a close relationship between them. Although the law of security hasbeen passed in our country, there remains many problems such as simplicity ofthe types and defects of each kind of security which cannot meet the needs ofraising money for enterprises. There are five kinds of security devices, namelyguarantee, mortgage, pledge, lien and deposit. As to guarantee, creditors such asbanks do rarely employ it for it is weakness as a result of a security by credit. Asto mortgage, it is void if not be registered so the ambit of invalidity of security isincreased and the parties do not like to use it. Moreover, the application ofmortgage is largely reduced by that future assets do not be included in its subjectmatter. In addition, the use and flew of assets is greatly effected by thepermission of creditor to dispose the assets. As to pledge, the efficiency of assetsis limited by the possession of pledgee and that the pledgor has not right todispose the assets. As to lien, it only applies to a few cases so it is not a typicalsecurity. As to deposit, it is not related to raise money. So it is very crucial to dosome research on other legal systems. The floating charge called one of the mostsubtle creations of equity is a good subject for research to scholars of continentallaw and it is a common way for enterprises of the U.K. to borrow money. Thefloating charge can be created in all current and future assets of the enterprisesto secure the debenture. The floating charge meets very well the needs ofcreditors and debtors because it ensures the needs of security of creditors and itentitles the right to debtors to deal with the assets of security. Where theprovisions provided in the debenture have been breached, the creditor canappoint receiver to execute the security. As to thed