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在我国浮动抵押制度中,抵押人可以将生产设备、原材料、半成品、产品等设定担保,浮动抵押制度扩大了可以抵押的财产范围,这大大提高了抵押人的融资能力,但正是由于浮动抵押标的物在日常经营活动中处在不断变化中,这给抵押权人带来了一定的风险。浮动抵押制度的融资能力和风险问题是浮动抵押制度实施过程中一直存在的一对矛盾,抵押人融资能力增强,往往伴随着抵押权人的风险在增加;如果确保抵押权人的资金安全,抵押人的融资以及日常经营行为将收到一定的限制。因此,如何很好的解决融资和风险问题是浮动抵押制度在实践中实施好坏的关键,也是实现抵押人和抵押权人“双赢”的关键。
In China’s floating mortgage system, the mortgagor can guarantee the production equipment, raw materials, semi-finished products and products, and the floating mortgage system can expand the range of property that can be mortgaged, which greatly improves the ability of the mortgager to finance. However, due to the floating Mortgaging objects are constantly changing in their day-to-day business activities, posing a certain risk to the mortgagee. The financing ability and risk problem of floating mortgage system are always a pair of contradictions in the implementation of floating mortgage system. The ability of the mortgagee to raise financing often increases with the mortgagee’s risk. If the mortgagee’s capital is secured, People’s financing and daily business activities will receive certain restrictions. Therefore, how to solve the problem of financing and risk well is the key to the implementation of the floating mortgage system in practice. It is also the key to realize the “win-win” situation for the mortgagee and the mortgagee.