Real Property Registration Error And Its Civil Law Remedies

As an important property, Real Estate plays an indispensable role in the economic market. The registration of real estate takes great part of the real property theory, which is functioned with maintaining the safety of transaction. According to"public trust"principle in the real property law, the registration has credibility; it means the public has reasons to trust the registration. Therefore, it obviously brings negative effects to the development of the market and harms the true obligee if the registrations are false.In the legal practice, there exist many situations that the obligee of the registrations is not the true obligee, which rises from the fault of institutions, applicants and so on.Based on this ,This paper takes the"find questions-analyze problems-solve problems"thought , and the writer gets the ideal that the administrative infrastructure should be the right subject by making detailed analysis of the character of the real estate and many concern cases.In the world, there are various kinds of modes of registration, based on detailed analysis and comparison about the rules of registration in the world including our country; we can easily learn that our country chooses the essence review mode. The real estate has so great impact to the market; the false registration will cause an irreparable loss, so we should put full attestation to the system of real estate registration. Although there are some remedies to the false registrations, the relevant rules are far from perfect, and there are many problems waiting for solving.This paper was based on this understanding, with comparison between legal remedies and remedies within the system of real estate registration,emphasizing the necessity of improving the remedy means in the inner system, and provide suggestions about improving the relevant mechanisms .However, party's purposes are definite, which include confirming the ownership of real property, safeguarding their legitimate rights ,when his interests are not achieved because of bona fide third parties or other circumstances, the registry and the fault applicant should undertake duty of his property damage.