Study On The Compensation Liability Of The Real Estate Registration Organ In Wrong Registration

As the important part of property law, the real estate registration means a lot for ensuring the ownership of real property rights and the security of real estate transactions. In China, the real estate registration is the foundation of real estate transactions,and the foundation between buyers and owners is base on the information of the registers. That means, the error of those information would damage the estate transactions, and relative people may suffer. In order to compensate the lost of the victims, and consummate the real estate registration, it is necessary to import the damages of the registration authority. And the 21th of Chinese property law precisely embodies that damages of the registration authority.Chinese "property law" article 21 for the first time in the form of legislative provisions of the real estate registration authority of the liability for compensation.But because the rules are too principled and scholars to the liability for compensation error registration for registration authority related problems exist serious differences.Error registration for this reason, based on the real estate registration authority of the liability for compensation as the research object, from analysis of registration behavior nature, this paper discuss the nature of the liability to pay compensation,compensation of constitutive requirements, the registration of real estates on the basis of the compensation fund related issues. The registration of real property registration authority behavior is a kind of adhesion, about the result of registration error compensation liability belongs to the civil compensation responsibility, belongs to a kind of special infringement behavior, the registration authority shall bear the burden of proof, once its not prove that its not at fault, then it shall be deemed as having fault. Should establish compensation fund for real estate registration to share the responsibility of pressure, but also should establish internal accountability.