Research Of Compensation Liability Of Real State Registration Agency’s Defects

Real Right Law of the People’s Republic of China in article10of the regulation in our country a unified real estate registration system in our country, the real estate under the provisions of article21of the holder of the registration authority for registration due to error caused damage, shall be liable for damages, but in the related supporting system before, in the real world make chaos of the real estate registration error registration possibility than the real estate registration system has mature countries increase greatly, theoretical and practical circles have different understanding of article21, this makes the real estate error registration becomes more complex, this problem needs to be clear on related issues.Literature study method, this paper made clear the nature of the real estate registration authority, wrong registration of real estate registration authority has carried on the brief introduction, using comparative analysis method, analysis of different countries such as Germany, Switzerland, Australia, the United States the theory and practice, and concludes that our country real estate registration error examination mode, real estate registration authority to register the property and the imputation of the liability to pay compensation principle, the system guarantee of the error and put forward the perfect real estate registration system. This paper is divided into four most:The first part introduces the fault record registration of real estate registration authority. This part firstly analyzes the nature of the real estate registration; Secondly introduces the unified real estate registration authority Settings define the concept of real estate error registration again; In the final analysis the causes of real estate error registration.The second part examines the real estate registration authority under different models of the liability for compensation. Based on the typical countries such as Germany, Switzerland, France, concludes that our country should take the examination as to substance of the real estate review mode, registration authorities and their staff for the damage caused by the wrong registration shall bear the corresponding liability for compensation.The third part is the wrong registration of real estate registration authority the nature of the liability for damages and imputation principle are analyzed. Theory in the first place of wrong registration, introduces the nature of the liability for damages on the basis of the obtained compensation liability for civil compensation liability; Second examines the outside legal and academic attitude to imputation principle in our country, concludes that our country should take fault liability imputation principle.The fourth part proposed our country real estate registration organ error compensation system. In terms of relevant personnel professionalization, our country should establish registration system of personnel and the registered agent of the professional; In addition, the compensation system to the introduction of the liability insurance of real estate error registration, you can have the effect of differentiation of responsibility, able to safeguard the victim fully compensated in time.This article through to the domestic and foreign real estate error registration liability to do a brief analysis and argument, concluded that the error and hope the article for the our country real estate register the establishment of the compensation liability system, perfect to provide some Suggestions.