The Research About The Compensation For Damages Caused By Real Estate Registration Error

After the establishment of China’s real estate registration system, it has occurred often that the substantive rights vested rights on the real property register discrepancies and bring harm to the relative since the registration authority’s error. But the provisions of China Property Law and relevant legal norms ignored the fact that the national real estate registration is essentially the intervention of public authority for the establishment and changes of property rights. It is what makes our current real estate registration compensation system exists many problems.The article is composed by four parts:introduction, body, conclusion and postscript. The body is divided into four chapters. Chapter 1 is a summary of real estate registration error.Firstly, define the meaning of real estate registration errors. Secondly, make certain the type of liability for damages caused by registration error, the mode of real estate registration in China determines the registration authority’s review obligation during the registration process, and the review obligation determines which type of registration error the authority will be liable when the damage occurred.Chapter 2 is about the nature of liability for damage caused by real estate registration. Firstly, discuss the legal basis for defining the nature of liability, and it is the nature of real estate Registration. Secondly, define the nature of registration authority’s liability, the registration authority shall bear administrative liability.Chapter 3 is about the law application issues of liability for damage caused by real estate registration error. Issues in the process of compensation caused by registration error are:Firstly, the authority shall be liable for the damage, but in practice, there exists the problems of whether to apply for the compensation rules of civil law or the rules of the State Compensation Law, and which kind of duty principle should be applied. Secondly, in case of damage caused by the authority and the applicant’s common fault, how to determine the burden-sharing between them.Chapter 4 is about the trial mode issues of compensation for damage caused by real estate registration error. Issues in the process of compensation litigation are:First, there will usually be a cross of civil litigation and administrative compensation litigation because of the particularity of real estate registration. Secondly, form the law and practice, put forward specific ideas on trial mode for cross-case litigation. Finally, discuss the problems of different trial modes in cross-litigation cases.