Research On Compensation Liability Of Real Estate Registry Agency Of China

With the development of market economy and improvement of Capital Market, real estate as an important asset becomes more and more important in the economic life. Real estate transactions have become increasingly frequent. Due to various factors, registration error led the registration of real property damage cases increased year by year. Study real estate property legislation in all countries, western developed countries generally established a real estate registration damages compensation mechanism. Before the enactment of China's "Property Law", registration of real estate to be provided mainly by the administrative law, Most of the administrative law on damage caused by real estate registration error does not provide compensation liability for damage of the registration authority. Second paragraph of Article 21 of "Property Law" made only provisions for the principle for damage compensation liability of the registration authority. This is very unfavorable to the relief of real estate registration error party. The paper reviews mature legislation of the other real estate registration system and on the basis of analyzing and summarizing the theoretical and practical point of view, with the actual conditions of our country, defining damages compensation liability of the real estate registration authority as the civil tort liability. Damages compensation liability of real estate registration authority was identified. Including identification for tort liability of registry agency. Sharing liability for damages compensation and realization of liability for damages compensation of the path of the real estate registry agency was cleared. In addition to the introduction and conclusion, text is divided into three chapters, concrete are as follows.The first chapter is the basis of the full text. Clear the nature of damages compensation of real estate registration authority as tort liability. Including two aspects, on the one hand is the analysis of disputes on the nature of real estate damages compensation liability in the academic and judicial practice; on the other hand, clear the nature of the liability as civil tort liability.The second chapter is the emphasis of the full text, it is the identification of tort liability of real estate registry agency. Including three aspects, on the one hand is, combining with the reality in China, the identification for tort on the real estate registration authority; on the other hand is the identification for damages consequences of tort liability and causation; re the one hand is the identification for subjective elements of tort liability of real estate registry agency. The point is the identification for tort action and fault of real estate registry agency.The third chapter is the building for the share and realization of the tort liability of registry agency. Including three aspects, on the one hand, clear the scope of compensation liability of real estate registry agency; on the other hand is precaution and dispersion of risk in tort compensation liability of real estate registry agency; re the one hand is other related issues of realization of compensation liability of real estate registry agency, including way of relief for parties of registration error and prescription of right to claim damages.