Font Size: a A A

Real Estate Error Registration The Liability For Compensation Research

Posted on:2018-04-12Degree:MasterType:Thesis
Country:ChinaCandidate:Y J LiFull Text:PDF
GTID:2336330536459699Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The two part of the creditor's right and the real right is the product of the complicated property and the basic type of the modern property right.Possession of their own financial and lending to others is different,respectively,corresponding to the two forms of property rights and claims.The possession of their own financial,they can arbitrarily dispose of,but lend someone else's finances can come back,but it is unknown.The publication of real right is an important system of property law.Registration is the legal method of the publication of real property rights,and it is also an important publicity method for some real property rights.The real estate registration general registration in the real estate registration books,real estate comprehensive and thin with the real right state always remains the same,is an impossible ideal state.The real estate registration error,not only may lose the real rights of immovable property,the property is static security cannot be guaranteed,may also make the transaction the purpose of the third fall,endangering the safety of static property.China's real estate registration system,there are a series of problems are not clear,such as the meaning of real estate registration,real estate registration error liability nature,etc..By reading the relevant literature,the content framework of this paper is as follows:Chapter one: introduction.First introduces the social background and the legislative background,discusses the real estate registration details of relevant legislation,legal environment to elaborate and problem specific topics of necessity,reality and practicality.Again,through the issue of a clear solution to the problem,the problem oriented organization of the following structure.Finally,through the elaboration of the theoretical significance and practical significance of the topic,the value of the topic.The second chapter is an overview of real estate registration errors.The real estate registration and registration of the applicant to the registration error distinction,classification discusses the imputation principle,liability and responsibility of specific problems,to solve the basic problem,proposition to clear some of the main concepts.The third chapter,the nature of the real estate registration error compensation liability and imputation principle.There are many disputes about the nature of the real estate registration organ.Different subjects assume different responsibilities,academic and theoretical circles,and there is no dispute,the imputation principle of this part focuses on the real estate registration authority,the imputation principle is divided into the principle of fault liability and no fault liability principle,the author thinks that the imputation principles of real estate registration agencies should apply to the latter.The fourth chapter is about the composition and liability of the liability of the real estate registration.Responsibility and responsibility is the end result of responsibility research.According to the above discussion,the two main bodies should adopt the principle of fault liability,and the liability constitution is tort,damage fact,causality and fault.The first half of this chapter will be discussed in two main parts.Relief is the ultimate goal of responsibility,responsibility is the core of relief,when the real estate registration errors caused by the damage occurs,the main responsibility,is not the same as bear all losses or bear the direct losses,damages the computing time is to produce huge amount of compensation for the final the impact,because the real estate value is huge in the tremendous change sometimesTo improve the protection mechanism of real estate registration errors.The nature of the real estate registration agency will not change in a long time.In practice,the responsibility of the registration organ shall be borne in the form of state compensation.Because the state compensation sequence is cumbersome,the implementation is slow,and is a kind of limit compensation,so it is not conducive to the relief of victims.It is helpful to solve the prominent contradiction of the compensation responsibility of the registration organ of our country by drawing lessons from the foreign notary procedure,the professional construction of the registration personnel and the compensation fund system.
Keywords/Search Tags:Real estate registration error, Damage compensate responsibility, Infringement committed on duty
PDF Full Text Request
Related items