An Empirical Analysis Of The Liability Of Real Estate Registration Error Compensation

Real property registration is a central issue in property law。It involves real estate real right change mode, the publication of the registration, real property in good complex problems, But this article is limited to registration authority for registration review obligation burden and responsibility derived therefrom。This article will be combined with the property law, the investigation on the basis of China’s current real estate registration work, explore the real property registration in the registration authority shall bear the obligations and responsibilities。Pay more and more attention to the protection of private property in our country, the study as a property protection of the real property registration system, has very important practical significance。 Real estate in the real estate registration is a very important issue. Because it involves changes in real property, registration of publicity, is also related to real property acquired in good faith, the error registration and other complex issues.In this paper, only the registration of real estate property registration authority virulence liability issues. In 2015 our country began implementing the "Provisional Regulations on Real Estate", not only clear the real estate registration management agencies, also clearly relevant real estate registration procedures to protect the real property when making trading efficiency, and enhance transaction security. However, for the wrong act of registration of real estate registration agency, because our current laws still avoided the discussion of the nature of real estate registration act, and therefore not attributable to the principle of real estate registration agency clearly defined, which led to the wrong registration in the immovable property registration agency issues there are still many problems on the allocation of liability and judicial remedies and relief security and other issues. This article aims to analyze the error by the status quo of the registration of real estate, combined with the actual case, pointing out the error of real estate registration agency registration problems and try to make specific recommendations on this, to make a modest country estate registration office to improve the virulence of liability force.This paper is divided into three parts, the contents are summarized as follows:The first part of the real estate agencies registered with the wrong concepts proceed on the behavior of real estate registration, registration of real estate properties and examine ways to define the concept of behavior were also discussed with the virulence responsibility principle way of real estate registration agency registration error. Two basic ideas put forward in this paper:Firstly, that the real property registration act is a mix of public and private property as one of the dual nature of the act; Secondly, we think of the real estate registration agency shall apply the principle of presumption of fault liability.The second part based on the concept of the first part of analysis and the basic proposition of this paper, and through the case of housing registration error of current our country real estate registration error analysis the nature of the liability to pay compensation, this paper argues that nature of real estate registration error compensation liability for state compensation.The third part in the nature of the real estate registration error compensation liability claims for state compensation, on the basis of the real estate registration mistakes the compensation liability subject, imputation principles, scope of compensation and recovery of compensation is analyzed, and puts forward some proposals to perfect real estate registration error compensation.