Study On The Compensation For Mistake In Registration Of Realty

It is concerned by litigations of every country and is an important issue on theory and practice that how to provide the hurted party with a sufficient and efficient remedy when registration error happened. The " Property Law" and other regulations of our country do not make a detail illustrations on the remedy mechanism, thus leading to a controversy on both theoretical and practical about this issue. This paper is based on the standpoint that the nature of registerring is a civil act, and trying to providing proposals to the improvement of the remedy mechanism. The text is divided into four parts mainly, the details are as follows:The first part is mainly about the nature of registerring, and it is also the fundamental part of the article. By analysing the three main viewpoints on theory, including "act on civil law","act on public law" and "act of certification", i draw the conclusion that the nature of registerring is an act on civil law, and thus the damages compensation liability of the real estate registration authority shall be defined as the civil tort liability, rather than administrative liability.The second part mainly analyse the three main modes of effect and the modes of examination during the process of registration in the world wide and analyse the mode of effect in our country, we can draw the conclusion that the Property Law shall establish the mode of substantial examination depending on the mechanism of registration of property right, and regard it as the guide of judging damages compensation liability of the registration authority.The third part analyse several main situations which the registration authority is liable for, then make it clear that the scope of compensation shall not within the amount of direct damages. At last, i analyse the compensation mechanism and make it clear that we shall create compensation funds which is constituted by financial budget and certain proportion of registration fees, besides, the notary system is also needed to be constituted for the improvement of the compensation mechanism.The fourth part mainly analysing the judicial relief to the injured party for reason of registration error. The viewpoint of "civil procedure prevails","administrative procedure prevails" and "civil action collateral to administrative proceedings prevails" are defective in certain aspects. To determine the forms of action, we shall distinguish different kinds of registration errors at first, then determine the details of the compensation liability individually by action of "civil procedure" or "administrative procedure" depending on the types of errors.