论我国浮动抵押接管人制度的构建

我国《物权法》未专门规定浮动抵押的特殊实行制度,不利于发挥浮动抵押制度的功效,也无法防止抵押人在浮动抵押固化后恶意处分抵押财产。我国破产管理人制度的实施为接管人制度的引进奠定了基础,但我国浮动抵押制度本身的不完善却为接管人制度的运行制造了障碍。因此引入浮动抵押接管人制度,不仅要构建接管人制度本身,还要完善浮动抵押及其配套制度。

On the Construction of Floating Charge Receiver System

China＇ s Property Law does not specifically provide the which is not conducive to play the effectiveness of floating charge special implement system of floating charge, system and can not prevent mortgagor dispose of the mortgaged property maliciously after floating charge cured. The implementation of insolvency administrator system is the basis of the introduction of the receiver system, but the imperfections of the floating charge system itself makes obstacles for the operation of the receiver system. Therefore the introduction of the floating charge receiver system,not only need to build a receiver system itself,but also need to improve the floating charge and its supporting systems.