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Research On Remedy System Of Real Estate Registration Error

Posted on:2019-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:S S WangFull Text:PDF
GTID:2416330566474703Subject:Civil and Commercial Law
Abstract/Summary:PDF Full Text Request
The registration of real estate is the act of registration authority to register the real estate according to the legal procedure based on the application of the parties.The registration of real estate is an important safeguard to protect individual rights,and its public function is to protect the private rights in the process of real estate circulation and transaction,and the registration institution shall examine the form of materials provided by the applicant according to the requirements of the law.In addition,it is necessary to identify the authenticity of the formal elements within the limits of their affordability.Nevertheless,it is inevitable that the contents recorded in the register do not correspond to the actual situation of rights in practice.The law gives the obligee the right to request for correction of registration and the dissenting registration against the status of rights in the register of real estate.In addition,the obligee may claim damages for damages caused by registration errors.The liability of the registration institution in China is the national liability for compensation,and the principle of no fault is taken as the basic imputation principle,and the rights and interests of the victim are protected by the registration and compensation fund.In the case of registration errors resulting from the combination of the intentional provision of false materials by the applicant and the examination fault of the registration authority,and thus causing liability for compensation,the applicant who intentionally provides false materials shall bear full liability for compensation,When it is unable to assume full liability,the registration authority assumes supplementary liability only in part.
Keywords/Search Tags:immovable property, registration error, correction of registration, objection registration, compensation for damages
PDF Full Text Request
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