The Study Of Reai Estate Registration Authority S Careful Registration Obligations

In recent years, with real estate transactions have become increasingly frequent, increasing the number of registered, the registration reviewled to have registration authoriis negligent error cases are not uncommon。Supreme people’s court in2010announced on November18, on the provisions on some issues of real estate registration cases article12of the regulation, the real estate registration of the applicant to provide false materials, the registration organ without doing careful review responsibilities, the registration organ shall, according to their degree of fault and the role in the damage to bear corresponding responsibility。 According to this rule when dealing with specific cases, whether registration authority doing careful review obligation becomes the key need to assume liability to pay compensation to the registration authority. So based on this rule as a starting point, focus on the real estate registration organ prudent obligation, the obligation of prudent analysis of registration authority to register properties, solution to the registration authority shall be liable the specific compensation problem.This article altogether is divided into four parts, mainly including the following: The first part is the obligation of prudential real estate registration authority to register legal basis. This part firstly in theory analysis of real estate registration behavior nature, through the related to the theory of comparative analysis, concluded that should is a kind of bearing the real estate registration behavior change functions of public summons of real right of civil action. The first part is combined with the related provisions of the property law elaborated the real estate registration authority for registration of real right should be done substantial examination.The second part is on the obligation of prudential real estate registration authority to register property are analyzed. Is a duty of care is an important component of the tort theory, is used as the basis of negligence. Here will be prudential real estate registration authority duty bound to a duty of care, how to solve the registration authority shall bear compensation responsibility plays an important role.The third part mainly studies the real estate registration authority whether to exercise the prudent obligation’s judgment. This part is mainly on the basis of the property law, the real estate registration methods, the measures for land registration in the registration authority shall review the provisions of the responsibility, the registration authority shall be combined with the specific case analysis how do review responsibilities.The main content of the fourth part is the real estate registration authority not prudent obligation of compensation. This section will first analyze the registration authority the nature of the liability to pay compensation, draw a registration authority of the liability to pay compensation should be a kind of tort liability, followed by the registration authority in the presence of fault analysis of the corresponding liability for compensation...