The Compensation Liability Of Error Registration Of Real Estate Registry Agency

In China, the real estate registration for the protection of property rights and maintaining national credibility has an important role, in practice, because there is not unified real estate registration law in our country, the new property law issued on registration of real estate registration agency for damages provisions are too wrong principle, the lack of operational, liability for damages on the nature of responsibility principle, compensation standards, ways to mitigate damages, construction and so no mechanism to be clearly identified. It is because of the existence of the above problems, to handling of the case brought a series of conflicts, therefore, necessary to the registration of immovable property registration authority error problem from damages liability of.In this paper, comparative analysis, and extensive reference to international practice of property legislation, based on our national conditions, combined with our current system of registration under the Real Property Register Agency error damages the problem, made several recommendations to improve the error of registration of real estate registration agency for damages system.Addition to the introduction and conclusion, it is divided into four parts:Overview of the first part of the real property registration errors. Registered on the wrong definition of the three theories that define our country should take the compromise, said the registration error. On this basis, analysis of the review of domestic and foreign real property registration agency model proposed should be based on our review of the main form, supplemented by substantial compromise in the review, and discussed the Real Estate on Property Law Legal Aid to approach the registration error.The second part of the property registration agency finds liability. That the nature of real estate registration in China should be private nature, the nature of the liability of registered institutions should state compensation, property registration agency identified the nature of the liability should be liability.The third part of the registration of real property damage liability for errors identified. Mainly discusses the real estate registration agency of responsibility for damages shall be full compensation, with emphasis on the applicant provides false information led to the third party registration body damages the accountability, specific analysis of the fault should be treated differently.The fourth part:the way to mitigate damages, and system construction. Real estate registration agency considered to reduce the error of damages should be registered to establish a unified real estate registration law, to amend the relevant laws, unified legal basis, the registration agency staff to improve the professional quality, the establishment of the official real estate registration system, the introduction of pre-certified programs, vocational liability insurance mechanisms. Focuses on the registration of real estate registration agency error compensation system for the construction of professional liability insurance mechanism, we should stable source of funds for compensation to maximize the protection of victims of the loss.