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Research On Real Estate Registration Institution Compensation

Posted on:2010-08-29Degree:MasterType:Thesis
Country:ChinaCandidate:T J ZhangFull Text:PDF
GTID:2166360275454321Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
Property law has recently been issued,article 21:"In case any registration organ causes damages to any other person by virtue of any mistake in registration,it shall assume the liability for compensation.The registration organ may,after making the compensation,recover the amount from the person who causes the registration mistake"there is much debate among scholars about some of the basic theoretical questions as the registration of real property does not have definite regulations shown in the property law.Some scholars holds the idea that should follow administrative law,some say should follow civil law.but the law does not definit what kind of situation real property registration need compensation to who bear damage from it;So focus on real property registraition compensation relating issues,This article is divided into three parts to express my opinion on real property registration,mainly relating to real estate.The purpose is to clarify issues around the Real Property Institution's compensation.The first part introduces the basic theory of the system of real property. Firstly the concept and registration of real property,then research into whether the attributes of registration of real property belong to public or civil law by judging its outcomes.I propose it should be civil law. analyses the faults of real property registration and proposes that compensation should be based on tort law instead of administrative law. And also compare real property registration compensation to other countries,introduce english family and continent family seperately. The second part reviews the shortage of compensenstion clause in property law from 5 perspectives..And give suggestions on them.suggestions here have 2 parts,frist mainly for suggestions of civil compensation duty of Real estate bureau,how their duty would be,then next discuss how to deal with the big mount of compensation,also,analyse other ideas about lawers and greffiers involve in share responsibility.
Keywords/Search Tags:real property, registation, civil, compensation
PDF Full Text Request
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