The Liability Of The Real Estate Registration Institution For Misregistration

The real estate registration system is an important part of the civil law system in our country,the "property law" stipulated separately,the more remarkable,the first in the legislative level the provisions of the real estate registration error compensation.However,the property law of real estate registration provisions of compensation for damage is more wrong,in principle,for its value more on oath level,"real estate registration Provisional Regulations"(hereinafter referred to as the "Provisional Regulations")the fifth chapter is the legal responsibility,but it is only four provisions for the registration of real estate agencies registration error liability provisions are still insufficient,need to be clear of a lot of legislation.This paper is divided into four chapters:The first chapter analyzes the problems in the three shortcomings of real estate registration provisions of the liability aspects being:in the provisions of the chattel registration review mode,the "Provisional Regulations" and the detailed rules for the implementation of the provisions of the lack of maneuverability,not build perfect formal examination measures.In determining the liability of compensation,compensation is not clear the nature of liability and compensation legal remedies,real property registration provisions of the imputation principle of liability is not clear;commitment in terms of liability,scope of compensation to the registration error is not clear,the real estate registration provisions of imputation principles of liability is not clear.The second chapter discusses the real estate registration review,which is to determine the premise of the real estate registration agency to assume liability for compensation.This paper argues that China should choose a prudent form of review model,and analyzes the reasons for the adoption of the review model and the specific standards for the careful review.Review the form itself on the security function is weak based on the supporting regulations of compulsory notarization system,so as to realize the construction of formal examination and supporting measures of the combination of the perfect real estate registration examination system.The third chapter,on the real estate registration agency finds liability,we should make clear the real estate property registration agency liability,this paper from four aspects which should be civil liability,and then analyzes the real estate registration agency liability imputation principle,different perspective on the registration agency liability the imputation principle,that China's "temporary Regulations" declined provisions shall apply the provisions of the "property law",the principle of determining liability of the registration agency liability no fault liability principle.The fourth chapter mainly discusses our country real estate registration compensation liability,first inspects the extraterritorial about real estate registration provisions of different scope of compensation mechanism,and then consider the opinion that the scope of compensation in our country should take full compensation.Because the registration authorities bear the liability without fault,and the need for full compensation,the compensation funds source of security is particularly important,based on the analysis of the advantages and disadvantages of various source of funds for compensation on the basis of combining with the actual situation in our country,the discussion of China's compensation funds should take the sources.