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Reserch On Compensation Of The Mistaken Real Property Registration

Posted on:2012-03-26Degree:MasterType:Thesis
Country:ChinaCandidate:P PuFull Text:PDF
GTID:2216330338459302Subject:Law
Abstract/Summary:PDF Full Text Request
Abstract With the development of market economy, more and more frequent flow of real estate, real estate because of its enormous social value, related to social and economic life of the major basic issues related to the vital interests of rights holders, will also influence market transactions order and stability, because of the special nature of real property, so the legislation on immovable property rights legislation in our country plays an important role, while in China, real estate property can be achieved through changes in registration, so related to real estate registration system will become concerned about the high degree of property law legislation one of the issues. Case is cited in this article in our "Property Law" before the introduction of registration with the error due to acts of real estate clients a direct result of loss of priority claim for loss due to the case, the case so far, is the largest with compensation cases . The case reflects the existing real estate registration system of our defects, these defects will lead to the legitimate interests of the parties can not be well protected.This paper combines case, "Property Law" and other relevant provisions of the real error registration liability for damages related issues a brief analysis, in order to regulate real estate registration order, and give full play to real estate registration system in effect, to better protect the property rights of others legitimate rights and interests, so that judicial practice more standardized. Besides the introduction and conclusion, this article is divided into three parts to be addressed: First,brief introduction to this case "S City Finance Co. v. S non-ferrous metals the bureau registration law," the main case and the case of court cases, leads to the controversy triggered by the case related to legal issues, clearly this will be discussed several major issues.Second, according to the case surrounding the case put forward should be taken to dispute settlement proceedings, in this case the liability of real estate registration agency, in this case means accountability for damages, compensation for the error range of these registration problems, with cases related to domestic and foreign requirements to be addressed so that these issues are resolved and concluded.Third, the introduction of the status of real property registration system errors and defects, with case put forward their own thinking and improve the proposal, pointing out the error of registration of real property for compensation fund using the system to resolve compensation issues, and propose ways to implement the system and improve the proposal to make the registration of real property caused the error compensation issues have been a better solution, maintaining the lawful rights and interests of right holders.
Keywords/Search Tags:Real Estate, error register, registered institutions, compensation
PDF Full Text Request
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