The Study On The Compensation Liability Of Wrong Registration Of The Real Estate Registry

Registration of real estate agencies error registration liability, is the registration ofreal estate agencies and their staff who are not doing a proper review responsibilitycaused by real estate registration error results, and brought losses to real propertyinterests, adverse consequences should bear the liability for damages in accordance withthe provisions of relevant laws and regulations. Registration of real estate as a real estatestatutory publicity, it can be clearly and accurately show the property rights in real estateownership and contents, it has the right to protect the rights figure and the maintenanceof the security of property rights transaction function. The real estate error registrationliability as an important part of the real estate registration system, directly affect thenormal order of registration of real estate activities. Whether the real estate registration iscorrect, directly related to the property interests of the right holders. Accordingly, whenthe occurrence of real estate registration error, is particularly important to provide timelyand effective relief to the injured person. Registration of real estate agencies Error toregister liability as an important part of the real estate registration system, at the sametime,it is essential element of the forthcoming “Real Estate Registration Ordinance”.Although article21of China’s Property Law clearly stipulates the registration of realestate agencies to bear the corresponding liability registration error occurred. Except thata law only principled provisions, but it is lack of practical operability.For registration error on real estate registration agency nature of the liability, it isnor to be clear, This academic debate are also different, mainly formed a civilliability,State liability and dual responsibility, These theories focus of controversy lies inthe idea of the nature of the act of registration of real property. Registration of real estateexperience of the liability from the study of extraterritorial countries and regions, as wellas from the current legal environment, The real estate registration agency liabilityqualitative state liability is more appropriate.In the process of recognition of the real estate registration agency liability, Whatshould be the principle of attribution, China’s“Property Law” adopted an evasiveattitude in the legislative process this. Theorists have also said diversity, mainly theunfault liability, fault liability and illegal behavior.From China’s relevant laws andregulations of the legislative background, Nature of the liability of the registration of realestate agencies and balance the interests of both sides of registration of real estateagencies and real property rights, take the principle of fault liability is more in line with China’s judicial practice.How should assume responsibility in practice for real estate registration agencyregistration error compensation.The laws and regulations of our country is relativelysimple, At the same time when the real estate registration agency registered applicantsmixed allocation of responsibilities in the infringement case, the laws and regulation ismore fuzzy. For offer better relief to the real estate registration error victims, should bedifferent according to the real estate error registration causes, specific analysis of realestate registration agency shared responsibility and compensation program selection indifferent circumstances.