The Compensation Liability For Mistaken Registration By The Registration Authority

The real estate registration constitutes one important part of the property law system. The discussion of relevant theoretical issues regarding mistaken real estate registration is a crucial prerequisite to allocate liabilities among the registration authority and the parties reasonably, and to establish a compensation liability mechanism for mistaken registration by the registration authority. Through research from both theoretical and practical perspectives, we believe that the real estate registration has both characteristics of public law and private law. Thus, the compensation liability arising therefrom will include both civil tort liability and administrative compensation liability. The liability to be assumed by the registration authority for mistaken registration falls within the administrative compensation liability. Therefore, a presumption of fault should be used in connection with liability attribution, the elements for general compensation liabilities must be present, the liability scope will be limited to direct loss, and the compensation should be compensatory. The form of liabilities includes several liability, joint and several liability and separate liability etc. In order to effect the compensation liability of the registration authority, we suggest to establish a real estate compensation fund, prepare a budget for registration compensation, introduce insurance and take other measures to raise more compensation funds. Meanwhile, we also suggest to enhance the practice capability of the registrars, improve registration procedures and methods, and punish registration frauds, so as to avoid and reduce mistaken registration and eliminate fundamentally occurrence of compensation liabilities of the registration authority.