The Private Law Of The Liability Of Real Estate Registration Error Build

Real right law of real property registration system as a basic system has a vital role in the change of real right. Real property registration system and the public credibility of the register is important for the real right law. When the real estate registration error occurs, if the third party is in good faith according to the register of real property records and the corresponding to the price paid for the transaction, at this point, the immovable real right holders of the rights to relief, is unavoidable problems in the real estate registration system. The article 21st of real right law stipulates:"due to registration errors, causing harm to others, registration agencies shall bear liability. " But this kind of compensation belongs to national compensation responsibility or civil responsibility is not clear. This will make real right people get compensation difficult. Many legal problems should be paid attention to.This article divide into three chapters on China's real estate registration error discussion, outline is as follows:Chapter I is the overview of real property registration error. This chapter begins to define the concept of real property registration error, elaborated on the intension and extension of registration errors; damage to the causes of real estate registration error and then analyses consequences; finally this chapter analyses when the real property registration error occurs, the theoretical basis for registration authorities shall bear the liability.Chapter II includes registration error definition. This chapter first to analysis and discuss on the nature of registration, then demonstrate the registration authority responsibilities should be defined in terms of private law liability.Chapter III is the law system construction of real estate registration errors the liability of the private. In this chapter, the author made recommendations from three aspects, they are the sources of liability, compensation funds, registration authorities review responsibilities.Concluded, although the executive acts of the real property registration Act is public law, private law system construction of liability can achieve the purpose of fully protecting the rights of real interest. In real property registration error compensation responsibility, we should apply the principle of liability without fault, create a specialized registration error liability Fund, clearly substantive review of the responsibilities of the registration authorities, so that the registration office can make a full compensation.