The floating charge in international private law relationships: an essay on the recognition of a foreign institution.

Summary The floating charge is a conventional security of English law, encumbering the whole of the debtor's assets until its crystallization on certain goods. The objective of this study is to explain the functioning and the possibilities of recognition that it can have at the judicial level. The first part aims at qualifying it in terms of French law: it is a conditional real right relating to a de facto universality, the company. The second part determines the rule of conflict and implements it. The lex rei sitae will be the law of each of the states where the debtor has property. The French law being designated, it must adapt itself to recognize the foreign institution: this one will be validly transposed into a pledge of goodwill, and the conditions of creation of this right will not apply. Thus, the floating charge can be recognized in France.