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浮动抵押制度相对于固定担保而言有着许多无可比拟的优势,同时,浮动抵押的不确定性也使得这个制度在适用时会存在一定的风险。为了使这个制度可以发挥其应有的作用,许多适用浮动抵押制度的国家均对其予以明文规定,我国也是如此。然而,在《物权法》的规定中仍然存在一些不足有待完善,针对其不足之处,笔者提出几点完善建议,主要为限制主体的范围、扩大标的的范围、对抵押人的自由处分权进行合理的限制、保护债权人的合法权益、完善登记制度。
Floating mortgage system has many unparalleled advantages compared with fixed guarantee. At the same time, the uncertainty of floating mortgage also makes this system have some risks when applicable. In order for this system to play its due role, many countries that apply the floating mortgage system have clearly laid down its provisions, as has our country. However, there are still some problems to be perfected in the provisions of “Property Law”. In view of their shortcomings, the author put forward some suggestions for improvement, mainly to limit the scope of the subject, to expand the scope of the subject, to rationalize the free disposition of the mortgagor Limit the protection of the legitimate rights and interests of creditors, improve the registration system.