The Research On The Liability Of Real Estate Registration Error

Real estate registration system is an important part of the real right change theory, it plays a key role of maintenance transaction security, safeguard the legitimate rights and interests in a market economy. Real estate registration error responsibility is refers to the real estate registration particulars is inconsistent with real right status and damage to the holder of the real estate, the real estate registration authority should take the responsibility.However, the property law of the relevant provisions is vague, lack of maneuverability, there is a big debate about theory of the meaning of the real estate registration error responsibility and imputation principle and the way of compensation, related to the system design also has further perfect space, is not conducive to really protect the property right holder. Therefore, the research on the theory and system of Responsibility for real estate registration error, is of great significance for the protection of the property, and promote the real estate market healthy and orderly operation.Real property registration is the behavior of private law nature and including "administrative management" factors, therefore the real estate registration system examination way ought to be and the reality choice is substantial examination, this just accord with the purpose of protect citizens’private rights and trade fair. The damage of the parties caused by the Real estate registration error should take responsibility according to the civil liability fault imputation principle, rather than administrative responsibility. In draw lessons from foreign legislative experience and on the basis of fully combined with national conditions, to set up a compensation fund registration can solve the problem of compensation funding sources, provides the powerful guarantee for the victim won compensation, also can improve registration authority staff to work enthusiasm. Embarks from the legislation and the system design, through the unified registration authority, unified legislation, introduction of notary system, staff professional quality, is a beneficial way to prevent risks of real estate registration mistakes and perfect the real estate registration system.