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浮动抵押制度是一种新型担保制度,由于它是以企业现在和将来的全部资产为标的设定的抵押,抵押标的处于不断变化的过程中。为了最大限度克服抵押标的的浮动性带给债权人的风险,我国《物权法》从浮动抵押的主体、客体、抵押的设立方式及其效力、抵押人的处分权及其限制方面作出了规定。由于目前我国并不存在配套的相关法律法规,笔者认为浮动抵押在操作中仍然需要完善。
Floating mortgage system is a new type of security system, because it is based on the current and future assets of the enterprise as the standard set of mortgages, the subject of the mortgage is in the process of changing. In order to overcome the risk brought by the floating of the subject of mortgage to the creditor as much as possible, the Property Law of our country has stipulated from the main body, the object, the way and the effect of the mortgage, the right of the mortgagor and the limitation of the mortgagee. Due to the fact that there is no relevant laws and regulations in our country at present, the author believes floating mortgage still needs to be improved in operation.