Research On Compensation Liability For Real Estate Registration Damage

With the development of market economy and improvement of Capital Market, more and more people have chance to own their real estate. Real estate property registration is an important legal means to promulgate the property rights. Its error can easily lead the damage of civil rights. China's"Property Law",enacted on Oct.1st 2007, provides new compensation liability for damage caused by real estate registration error. It is crucial to the party's legal rights, transaction security and perfecting China's real estate registration system. As a country's basic law, Article 21 of"Property Law"made only provisions for the principle for damage compensation liability, which left lots of difficulties for judicial practice.In daily life, registration error led real property damage cases increased year by year. As the same time, the risk and liability for registration agency increased quickly. The causes which led damage compensation are complicated, including the fault from applicants, registration agency, or from both. It is necessary to study on the nature and the principle of damages compensation liability. Besides that the research on the share of the damages compensation liability and the risk prevention system are also should be concerned. On the basis of reviewing and summarizing the theoretical and practical point of view, the paper approach the damage compensation liability for real estate registration damage through the analyzing of the nature of registration and the liability of registration agency, put forward the measures for the sharing of liability and risk prevention. In addition to the introduction and conclusion, text is divided into five chapters, concrete are as follows.The first chapter concerns the nature of the compensation liability for real estate registration damage. On the basis of analyze the function of registration and legislation, this part define the real property registration as civil conduct and the compensation liability for real estate registration damage as civil liability.The second chapter concerns the identification of liability of real estate registry agency. Analyze the principle of responsibility identification and the crucial elements of the liability of real estate registry agency, including act of tort, consequences and causation, subjective elements of registry agency.The third chapter concerns the type the liability of real estate registry agency. With the analyzing of precedents, classify the liability according to the different causes, such as the compensation liability caused by the fault of registry agency or by registry applicants, and so on.The fourth chapter concerns the scope of compensation liability and the right of recovery. Firstly, this part compares and elaborates the principles of how to allocate the real estate registry liability. Secondly, the paper analyzes several cases in judicial practices. With regards to the different cases especially whose compensation liability caused both by registration applicants and by the registry authority, the paper argues about the compensation scope and the issues of the right of recovery.The fifth chapter concerns the building for the risk preventions of the tort liability of registry agency and other related issues. On the basis of the analyzing of the present conditions put forward several proposals.