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The Legal Remedy For The Wrong Registration Of Real Estate

Posted on:2018-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ChengFull Text:PDF
GTID:2346330542970699Subject:Law
Abstract/Summary:PDF Full Text Request
Real estate registration system is an important guarantee for real estate and real estate transactions.However,due to the special historical reasons before the implementation of the market economy system,the lack of unified real estate registration system has led to the backwardness of our registration system.In the real estate registration system there are many problems,which is typical of the registration error.The registration of real estate is a registration defect due to the reasons of the applicant or the registration authority during the registration process.This registration error is a serious violation of the interests of real estate rights,real estate transactions in the existence of a great risk.This article will be based on the "Provisional Regulations on Real Estate Registration," the reasons for the registration of real estate errors,and the registration error after the parties and the registration authority of the liability analysis,trying to register errors occur after the right person to seek a direct and effective The way of relief.This paper is divided into five parts:The first part is an overview of real estate registration.This paper mainly introduces the connotation and significance of real estate registration,and analyzes the legal nature of immovable registration.Although the nature of the law in the academic world is still controversial,but to discuss the registration error after the relief,responsibility and follow-up compensation issues,the nature of the law is an insurmountable problem.At the end of this part,the author also elaborated on the legal basis of real estate registration.The second part of the real estate registration errors and the reasons for the classification of the classification.And elaborated on the reasons for this classification.The third part describes how the parties should remedy the property registration error.How to choose from a variety of remedies.And what kind of method should be chosen in the case of civil action?Or should the administrative lawsuit be brought?And the question of what responsibility should be taken after the damage.The fourth part discusses the compensation issue after the damage has occurred.This paper analyzes the principle of liability of the parties and the registrar,especially the standard of compensation and the principle of reattribution.Finally elaborated the author to the problems existing in the compensation system and perfect the related system,including establishing registration error compensation fund,court unified real estate registration procedure.
Keywords/Search Tags:real estate registration, registration error, compensation liability, civil compensation, national compensation
PDF Full Text Request
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