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浮动抵押制度是担保物权制度为适应市场经济发展的需要而创新的一种担保方式。因为历史及社会体制的原因,我国担保物权制度的建立亦步亦趋。浮动抵押制度是物权法颁布后设立的一项新的制度,有其独特的价值意义,但也存在着明显的不足,浮动抵押在抵押期间标的物的浮动性使得抵押权实现存在很大的风险。为了发挥浮动抵押的应有功能,必须充分认识到浮动抵押在现实生活中可能存在的风险,并从制度上进行防范。
The floating mortgage system is a kind of guarantee that the security interest system is innovated in order to meet the needs of market economy development. Due to the historical and social system, the system of security interest in our country is also established. Floating mortgage system is a new system set up after the promulgation of the Property Law, which has its unique value significance. However, there are also obvious shortcomings. Floating mortgage has a great risk to the realization of the mortgage right during the mortgage period. In order to give full play to the proper function of floating mortgage, we must fully recognize the potential risks of floating mortgage in real life and make systematic prevention.