Compensation Liability Of Wrong Registration Of Real Estate Registry Agency

The real estate registration is a kind of form of publicity to the change of immovable property, the authenticity of the contents of registration directly affects both parties to the transaction and the owner of the realty in vital interests. Based on the elaboration of compensation liability of wrong registration attributable to real estate registry agency, the author analysis the liability nature of real estate registration, constitutive requirements and principle of imputation, defined the scope and form of real estate registration liability, and put forward some reasonable proposals for the establishment of China's real estate registration system.First of all. the author explains the basis theory of the compensation liability of wrong registration attributable to real estate registry agency from the three different aspects:the first one is the registration credibility:the second one is the extension of the mode of property right alteration and registration in our country; the third one is the essence of compensation liability of wrong registration.Secondly, the author clarifies the constitutive requirements and principle of imputation of compensation liability of wrong registration attributable to real estate registry agency. The constitutive requirements of compensation liability of wrong registration attributable to real estate registry agency should be:real estate registry agency is the responsibility subject and its implementation the illegal behavior, the damage caused to the parties, the subjective fault real estate registry agency and the causal relationship between the violations of real estate registry agency and the occurring of damage. The determination of responsibility should base on the application of the principle fault responsibility.Finally, the author makes specific elaboration on the form of compensation liability. When the compensation liability of wrong registration should be defined, we should consider the subjective fault of real estate registry agency, as well as the effects acted on the wrong registration by other interested parties.