Discussion On The Damage Compensation Liability Of Registering The Real Estate By Mistake

The damage liability regime system of registering real property erroneously both in property law, tort law system and the whole system of civil law, has important theoretical and practical significance in judicial practice. But the "Property Law" only stipulate its provisions in principle, none of the many details to make detailed clearly defined. This paper is divided into five chapters, to sort out and analyze controversial issues relating to the damage liability regime system of registering real property erroneously.The first chapter introduces the meaning and classification of the real estate error registration on the basis of the nature of the legal relief way and carried on the elaboration. Think that real estate error registration liability for damages shall obtain relief by civil litigation, the nature of civil tort liability.The second chapter summarized and review the foreign the damage liability regime system of registering real property erroneously from four aspects:the subject and character of the damage liability regime, imputation principle, right of recourse and Source of compensation for damage.The third chapter discusses the real estate error registration of the nature of the liability for damages, imputation principle and constitutive requirements. Think real estate error registration shall be the civil tort liability of damage compensation liability, fault liability principle shall apply.The fourth chapter on the basis of different reason divides the registration error types of real estate registration authority shall assume tort liability to pay compensation, and the scope of the compensation of real estate authority, be liable for damages after the salved and responsibility to alleviate and eliminate are discussed.The fifth chapter from four aspects to perfect our country real estate error registration system of damage compensation liability and protection are proposed. One is to distinguish the fault of registration institution that different cases. Second, build system of real estate error registration, and the compensation damages. Third, establish real estate registration damages risk reserve system. Fourth, formulate a unified real estate registration law, the construction of form a complete set of real estate registration system.