Research On The Compensation Institution Of Error Registration In Immovable Property

In today’s society, real estate and each of us is closely related to daily life, with the production and business operation of each enterprise and even the entire national economic development are closely linked.In the process of rapid economic development in our country, with real estate as the core of the real estate market development in full swing, play a very important role.Market economy is the economic, trading and trading is the premise of the determination of real estate ownership, therefore, to establish a set of perfect real estate registration system, is able to identify real estate property rights, protect the interests of property right related, and to maintain the security and order of the real estate market, the protection of the normal operation of social life.In terms of the present, our country although there have been some real estate registration rules, but the lack of systematicness and operability, and because of the inherent law of the defects in the process of the planned economy to market economy transition and leave some of the problems, making real estate error registration, to produce a large number of real estate property rights dispute is inevitable.China’s "property law" article 21 for real estate error registration made clear rules for damages, on the system for resolving disputes caused by real estate error registration has provided a legal basis.But the unification of the our country real estate registration system establishment and effective operation, need we theoretically to the real estate registration related issues for further discussion, from the legislation on further review and improvement.Therefore, this article intends to do with real estate error registration related issues discussed in this paper.Besides preface and epilogue, this article is divided into four parts:The first part of the basic theory of the liability for compensation for real estate error registration.Defines the meaning of the real estate error registration, analyzes the causes of the real estate error registration and manifestation.Has been clear about the liability to pay compensation and its basic connotation of real estate error registration, real property ownership registration mode and characteristics of the liability for compensation for real estate error registration are classified.Clear cause real estate error registration situation consists of:due to the registration authority of the fault, the fault of the applicant or the third person, and due to the registration authority and the third person of the common factors caused by the error registration, etc.The second part for foreign real estate error registration system of the liability for compensation mode and evaluation.This part mainly to Germany’s rights registration pattern, the French deed, Australia torrens registration makes a brief introduction and analysis, and emphatically analyzed the wrong registration mode in the registration system of the liability to pay compensation.Through the system of draw lessons from foreign experience, from theory to our country real estate error registration the establishment and perfection of the compensation system to provide theoretical support.The third part is the legislative status quo of China’s real estate error registration system of the liability for compensation and disadvantages.First introduced the designing regulations on real estate registration system in our country, including the effect of the change requirements and certification system in our country; Secondly introduces the commenting on allocation of the burden of real estate error registration, mainly analyzes the administrative principle of imputation of liability to pay compensation;Again, this paper introduces the commenting on real estate error registration regulation, including the way to the rules of the civil and administrative regulation;Finally, commenting on real estate error registration are analyzed under the provisions of the liability to pay compensation is insufficient, the main existence the compensation scope is not clear, the nature of the compensation fuzzy and tort liability regulations imperfect and so on.The fourth part is the Suggestions of perfecting our country’s real estate error registration system of the liability for compensation.First introduced outside the enlightenment to our country real estate registration system, embodied in the fundamental value of the registration system and resolve the real estate registration rights conflict;Secondly according to our country real estate error registration of liability deficiencies put forward the corresponding ways;Then build real estate error registration system of the liability for compensation in our country has put forward concrete supporting mechanism, such as establishing registration before the hearing system, strict registration personnel entry standards, etc.