Liability For Damage To Research Real Estate Registration Error

As one important part of contents of real right, the real estate registration has meaningful effect on determining the belonging of real right and transaction security of real right. If there are some mistakes in real estate registration, it would not only damage to the obligor’s legitimate rights and interests, but also endanger the real estate transaction order. The so-called real estate registration mistakes, in short, are that the items recorded in the realty register do not accord with reality condition. There are usually two kinds of factors contributing to real estate registration mistakes. The first one is the registration flaws reason behavior conducted by real estate registration applicant and registration behavior defects conducted by staff of real estate registration authority. Therefore, researches to questions, such as the nature of the real estate registration error compensation liability cognizance, imputation principle,the problem of responsibility research and so on, have closely relationship with the conduction of registration authority’s staff and the registration of the applicant in the real estate registration activities.Real estate registration behavior is a kind of compound behavior, including the behavior and an application for registration, among them the former is the applicant intended to change the civil juristic act of real right, and the latter for the registration authority staff to exercise the administrative duty behavior. Therefore, the real estate registration behavior has both private law and public law nature. Registration behavior when the holder of the registration errors caused by damage, damage compensation liability can be divided into the general tort liability and tort liability.Deems that liability for damages, real estate registration wrong should be carried out in accordance with the cause of registration error of different typed analysis, can be divided into two types:one is registration authority personnel’s duty behavior lead to the holder of the real estate registration mistakes cause damage, belongs to the duty tort liability, responsibility by the registration organ replacement, is a kind of liability without fault;Its constitutive requirements include plants, tort, damage the fact and causality.In addition, after the registration authority shall bear the responsibility, to exi for recourse against the intentional misconduct or gross negligence of the staff.2i is the applicant’s behavior lead to the holder of the real estate registration mistakes cause damage, belong to the general tort liability, tort liability by the applicant himself, is a kind of fault liability; Its constitutive requirements include the infringement, damage fact, causality and subjective fault.Real estate registration wrong damage compensation liability, the class nature of liability, the principle of imputation of liability subject is different, the compensation scope has certain difference, main show is:based on the accrual consistent principle, to "review form is given priority to, to the examination as to substance is complementary" pattern of registration registration authority of real estate registration error compensation liability for compensation mode, the compensation range is limited to direct losses;And the applicant’s real estate registration error compensation liability for full compensation, the compensation scope includes direct loss and indirect loss.Staff when the registration authority and apply for per person at fault, depending on the specific situation analysis, i.e., when the two sides have joint fault, a joint tort, jointly and severally liable together with the applicant by the registration authority; When both sides are at fault, does not constitute a common tort, the registration authority and the applicant shall, according to the registration office staff and applicants to assume corresponding responsibility fault size, namely according to the duty. Liability for damages if the real estate registration mistakes, there is a third person’s fault, the fault reference to registration office staff and applicants responsibility liable to distribution.