浮動(dòng)抵押中接管人制度研究.pdf

1、對外經(jīng)濟(jì)貿(mào)易大學(xué)碩士學(xué)位論文浮動(dòng)抵押中接管人制度研究姓名：孫秀娟申請學(xué)位級(jí)別：碩士專業(yè)：法律指導(dǎo)教師：徐海燕20080401II Abstract Floating charges were invented by the British equity in the nineteenth century. Compared with the traditional fixed charges, floating charges allo

2、w the company to tap a further source of security in its efforts to obtain finance, without thereby jeopardizing its freedom to conduct its trade as it thinks fit. Since floating charges could fully extort the overall

3、 value of the security on the assets as a whole and simplify the procedures of the creation of the charge, they were acceptance by the countries all over the world. In 2007, our country introduced floating charges into

4、 the property law. After one hundred years’ development, floating charges have been grown up an integrated system.. Therefore the introduction of floating charges shouldn’t be the importation of a single regime. The m

5、ost important thing is the compatible soil for the running of the floating charge, i.e. registration regime and the administrative receivership etc. The author has carried out some fundamental research in this dissert

6、ation on the basis of the experience and practice in Commonwealth countries and has focused on the administrative receiver. At the end of the dissertation, the author proposed some suggestions on the legal framework of t

7、he administrative receiver system for the introduction of this legal regime into China in the future. This dissertation includes four chapters except for the preface and the conclusion: Chapter two: the generality of flo

8、ating charges. In this chapter the author mainly about to illuminate floating charges generally. It involves: the origin of floating charges; the unique features of a floating charge which make it different from a fixed

9、charge. The author will define the floating charge based on the discussion of the native scholars’ investigations. Chapter three: administrative receivership-the method of enforcing the floating charge. In this chapter t

10、he author will introduce the administrative receiver in England by expatiated on the concept of the administrative receiver, the appointment of the administrative receiver, the powers and duties of the administrative re

11、ceiver and his status in the floating charge relations. Chapter four: the effect of the receivership. The interest of the parties in the floating charge relationship will be affected deeply. This chapter will mainly dis

12、cuss the effect on these following subjects after the appointment of the receiver: the company , the administration, the liquidation and the outsiders. Chapter five: the introduction of administrative receiver system.

13、In this chapter, by analyzing deficiency of the existent ways which to enforce the floating charge, the author drawn out the conclusion that the introduction of the administrative receiver system will be necessary for

14、the successful running of the floating charge system in our country. And later the author proposes some suggestions on the legal framework of administrative receiver system in china. Keywords：Administrative Receiver, Adm