A Study On The Compensation For Incorrect Compensation For Real Estate Registration

As a method to public the changes of real estate, the Real Estate Registration is foundation of the real right change and the basis of correctness presumption on real estate rights, that have a good protection and warning effect. The Real property Registration plays a very important role in the whole Real Estate System. But the current theory and practice about Real Estate Registration, especially the nature of wrong registration compensation, elements of such compensation and principle on the liability distribution, are not deeply discussed. Although there are some provisions on the compensation liabilities of the real estate registration departments when making mistake, but they are too nonrepresentational to operate in practice。The author thinks it is necessary for further discussed.The article is consist of six aspects.The first part puts forward problems, is clear about this article discusses the object.In the second part, the author explains the theoretical basis of the compensation liabilities of the registration departments. Party will form the reasonable trust interests on the basis of credibility of the Real Estate Registration. Correct registration makes difference on the legitimate rights and interests of the obligee and the interested parties. So if the real estate registration departments make errors, they certainly ought to pay compensation.Then the author discussed the nature of the compensation liabilities of the registration departments,which is determined by the nature of the registration departments. Since such registration is a civil behavior, the compensation liabilities of the registration departments is definitely civil tort liability.The Fourth step gets to the components of the compensation liabilities of the registration departments, namely tort, damage results, and the causality of the infringement and damage. The occurrence of tort is the precondition and one of the essential conditions of the compensation liabilities of the registration departments. Damage results mean the legitimate rights and interests of the holder. Only when there is the direct causal relationship between tort and damage results, the tort will be finally concluded as the infringing act.Next, the author comes to the topics on the principle when identify the compensation liabilities of the registration departments and the prudent obligation. The author believes that the Principle of Responsibility Fault shall be taken when identifying the compensation liabilities of the real registration departments. What’s more the author also demonstrates the criteria to judge fault in detail.The last Part states the scale of the compensation liabilities of the registration departments and how they undertake such liabilities. The author analyzes some scholars’ theories on compulsory liability insurance system, compensation fund system and notarial personnel professional insurance system and speaks highly of the meaning in practice.The specify of this article is the demonstration on criteria to judge fault in detail. The author probes into the inspect obligations. Whether the registration departments has done enough in the process or not, this will make effect on the final liability of them.