Research On Compensation Liability Of Real Estate Registration Institution Of China

Real estate registration are very important in the Alteration of Real Right, it would be achieved safety and efficiency of transaction by giving it credibility. Once there is a mistake in registering, the interests of obligee would be suffered huge loose. Therefore, it is necessary to establish compensation system of real estate registration in order to relief the obligee's losses. Although the confusion of registration has improved following the promulgation and implementation often occurred and responsibility investigation is inconvenient. Practice, the concrete provisions of specific laws and regulations are not unified, which makes it different in the nature of compensation liability, examination patterns of registration, doctrine of liability, scope of compensation and financial source in academic circle. Hereby, this paper will be centering on discussing compensation liability of the real estate registration institution by analyzing these issues in five parts.The first part demonstrates the basis of compensation liability of the registry agency. First, introduce the credibility of registration which educes the necessary of studying this subject.Then, defines the connotation and extension and enumerates the concrete forms of wrong registration in our country. Finally, puts forward some suggestions on how to build real estate registration institution.The second part discusses the system of compensation of real estate registration by comparative analysis.First, this part comparatively analyses the three models of real estate registration and their system of compensation liability of real estate. Second, it discusses the present situation of the system of compensation liability of the real estate registration institution in our country.The third part deals with the nature of compensation liability. This part defines the nature of registration act, according to which expounds that the nature of compensation liability of the real estate registration institution is civil liability.The fourth part discusses how to determine the compensation liability of the real estate registration institution. First, analyzes principle of fault liability and on-fault liability and makes clear that which one should be adopted in country. Then I illustrates the scop of compensation.The fifth part solves the problem of risk sharing in compensation liability of real estate registration institution. This part demonstrates the compensation mechanism which is suitable for the reality in china by analyzing different compensation mechanisms.