An Analysis Of The Compensation Liability Of Real Estate Registration Error

Changes of the real estate property rights have a significant influence on the economic development of the country and the daily life of citizens.The real estate registration as the real estate property rights change's public summons and effective element,it is of great significance for the maintenance of the transaction security,the cognizance of property right,the maintenance of transaction order and the settlement of real right conflict.But in the legal practice there is the phenomenon of the real estate registration error.The relevant provisions are too brief about the compensation arising from damages caused by incorrect registration of real estate.So in the legal practice there are so many difficulties and significant differences.Although issues such as registration application,registration procedures and regulatory agencies are identified,the question such as the nature of the act of registration were avoided.For the subject of compensation,the amount of the scope of compensation and other specific procedural issues and the principle of attribution has not given clear.Therefore,the value and significance of further investigation on the issues related to the liability of real estate registration errors is obviously.This article consists of three parts which are divided into four chapters:Preface:Introduction.First of all,clearing the study of real estate registration error liability's purpose and significance in the overall.Indicating the theoretical and practical significance of this paper.Then,through the analysis of the current status quo of the researches on the real estate registration error liability,trying to find the weakness of the current study researches.At last,planning the conclusions of this article and clarifying the focus of each part of the research and demonstration purposes.Chapter 1:Related concepts of real estate registration errors.Clarifying the definition of the concept of real estate registration errors.On this basis,classifying the errors of real estate registration,divided into real estate registration application's fault and real estate registration applicant's fault.Chapter 2:The nature of the liability for compensation of real estate registration.First of all,to sort out and analysisthe the law in force involved in the nature of the registration of real estate.Secondly,the introduction of real estate registration errors in the case of the trial authorities's tendency and attitude to deal with such cases.Then,to summarize the three views on the nature of the tort liability of real estate registration.Finally,according to the type of real estate registration errors,to analysis different circumstances of real estate registration errors's different liability.Chapter 3:The principle of imputation of real estate registration error liability.First of all,to sort out the relevant provisions of the law in force and the academic controversy.And then to analyze the different imputation of the real estate registration errors for the real estate registration agency and the real estate registration applicant.Finally,from the point of view of the liability of the real estate registration agency and the liability of the real estate registration applicant,this paper expounds the viewpoints of the principle of imputation.Chapter 4:The burden of liability of the real estate registration error.It is still on the basis of the previous discussion.On the real estate registration of the applicant's liability for compensation and real estate registration agency liability to bear the two parts to discuss.In the real estate registration agency liability under the commitment to focus on the scope of the issue of compensation and standards,the cost of compensation mechanism,the right of recourse for real estate registration agency.Based on the institutional measures of other countries in the world,the advantages and disadvantages of the three different modes of compensation and the guarantee mechanism of compensation are analyzed.And on this basis,to explain the view of this article on this issue.