Study On The System Of Compensation For Damage Of Real Estate Registration Error

The real-estate registration system is an important system in Real Right law, which has a history of hundreds of years and is recognized in many countries of the world. In Real Property Trade, as an essential method of publicity, registration both for its application in theory or in practice, has acquired more and more attention. Real registration system is also notable for its exquisite complexity, intertwined with other legal issues, and has become the source of many disputes as well as the difficulty of settling a dispute in judicial practice.As we all know, the real property registration system in our country has a relatively strong color, which is built for the purpose of national management of land, housing and otherreal estate. In practice, we often use administrative means to resolve registration problems. Many countries have already established property rights register substantive law and the law of property registration procedures. However, in our country it has not acquired legislators’ full attention. Fortunately, the legislation of property law made an opportunity to register "reborn in flames”, hoping that legislation has spawned a large number of registration system for a more in-depth discussion on discourse.Real-estate registration error compensation system is a very important system established in the Property Rights Law to secure the transaction of movables. When an error occurs, it is responsible for the registration of rights holders in the important function of effectively safeguarding their legitimate rights and interests. Property law establishes the basic framework for real estate registration error compensation system of our country. The article has ruled that in case any related party provides false materials for applying for registration and causes damages to any other person, it/he shall assume the liability for compensation. In case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability for compensation. The registration organ may, after making the compensation, recover the amount from the person who causes the registration mistake. However, the principle of legal provisions is hard to operate in reality. People hold different ideas toward its important issues and procedures, which need complement of real estate Registration Act explicitly in the future. In view of this, the paper tries to offer some suggestions on the real property registration error compensation, hoping to be beneficial to the work in judicatory practice.This paper conducted a detailed analysis of the problem of China’s real estate registration error and pointed out that China’s real estate registration error compensation system lack comparative analysis of countries ’legislative practice, combined with the legislative reality in China. Then, it mentioned the construction and improvement of real estate registration error compensation system in our country and put forward feasible proposals. The body part of this paper is divided into four chapters, worded as follows:Chapter I,real estate registration error damages theory. This chapter will provide bedding for real estate registration errors, overview real estate registration errors, and introduce the concept of real estate registration error and legal characteristics; registration of real property overview of error compensation for damage, introduce liability for damage due to the real estate registration error basic concepts and legal character.Chapter II,Current situation of real estate registration error compensation in China. This chapter focuses on the legislative situation of real estate registration system of error compensation in China and theory of the status quo, based on the problems in China’s real estate registration system of error compensation. Among them, the theoretical status is regarded as the focus of this chapter. Based on different reasons for a registration error, result in registration, the registration authority registration errors registering the applicant as well as mixed reasons cause a registration error analysis of three scenarios. At the same time, nature of the liability, damage to immovable property registration office requisites to constitute the imputation of liability, liability and other issues were discussed more detailedly.The third part introduces the real estate registration error liability for damage in different Deeds registration system, Title registration system and Torrens registration system. Finally, it puts forward legislative proposals for reference.The forth part displays the construction of real estate registration error compensation system in our country. Learning from foreign advanced legislation on the basis of experience, this paper tries to provide suggestions on substantive law improvement and litigation mode construction. It is about presenting a unified real property registration office, the establishment of real estate registration error compensation fund and establishing real estate Registrar. Through the sound system, we can avoid registration errors to the maximum extent. In addition to exploring real estate registration error damages the entity theory and choice of approaches to tort action in judicial practice are discussed. This paper introduced the civil tort action, administrative compensation and the line crosses the dual proceedings three lawsuit relief channels, making a civil suit collateral to administrative litigation model recommendations. Meanwhile, it offered constructive and sound recommendations from the perspective of both improvement and optimization of substantive rules of the proceedings for such adjustments have been made perfect on the action.