Real Estate Registration Authority's Review Obligation And Liability

Real estate registration is an important means of safeguarding the security of real estate transactions and protecting the rights and interests of property owners,and,registration review is one of the most core and key link.In China,the real estate registration authority should bear what kind of review obligations of the issue has long been controversial.This article,starting from this core issue.First,the existing legal provisions for the review of the registration authority are sorted out,the author analyzes the main controversy about the obligation of review in theory,and examines the judgments in the current judicial practice.Secondly,this article draws lessons and thoughts on extraterritorial experience,examining the registration model of Germany,Switzerland,the review mode,the Mode of Review of France and Japan under the Mode of Registration.At the same time,considering the factors that determine the obligations of China's real estate registration review,this paper analyzes the theoretical positioning,public law attribute and system goal of real estate registration.On this basis,based on different stages,different registration objects,the registration authority should bear the review obligations to explore.This paper argues that at different stages of review,the review obligations undertaken by different auditing authorities should be different.Based on the above analysis,this paper argues that taking into account the current social development level,the level of scientific and technological development,social integrity level,the registration authority review capacity and other factors,at present,not only a single form of review of standards or substantive examination standards,but should be established in a pluralistic,systematic review of the standard system.This paper supports the double standard of the form review and the substantive examination,which is mainly based on the form review,supplemented by the substantive examination.The Again,this paper explores the question of liability when the registration authority does not review its obligations,according to the cases collected to clarify the registration of the wrong liability,the use of the principle of imputation should be consistent with the compensation,the scope of compensation and other issues of compensation.Finally,this paper focuses on the overall system design of real estate registration,gives suggestions and measures to improve the real estate registration system,including the establishment of national compensation fund system,liability insurance system,real estate registrar system,as well as the establishment of registration review of due process standards and other specific measures.Through the analysis and discussion of this article,with a view to China to build a multi-dimensional,systematic real estate transaction security legal system to contribute...