On The Liability For Wrong Registration Of The Real Estate Registration Authority

The implementation of the Interim Regulations on the Registration of Real Estate marks the official establishment of the unified registration system for real estate in China.The "Property Law",the" Provisional Regulations on the Registration of Real Estate" and its implementation rules and the "Draft Civil Code" ignore the specific operational issues such as the nature of liability,the principle of imputation,and how to exercise the right of recourse.This article will start from the registration act itself,analyze the practical problems and theoretical disputes of liability for damage caused by registration errors,and further explore how to exercise the right of recovery after the registration authority assumes the liability for compensation.This article is divided into four parts:The first part is to analyze the current situation of the damage liability system of the real estate registration authority in China from the two aspects of legislation and practice.The current laws and regulations are too principled and operability is not strong.In practice,there is no clear standard for the characterization of the liability of the real estate registration authority by the courts at various levels.The second part analyzes the nature of the wrong registration liability of the real estate registration authority.Comparing the three theories existing in the academic circle and demonstrating from the nature of the real estate registration behavior,the current legal basis and the convenience of the parties' relief,it is considered that the liability is defined as civil liability.In the third part,from the perspective of the status quo of legislation,whether it is operable or not,it is analyzed that the real estate registration authority should adopt the formal examination mode and bear the responsibility of fault.The fourth part proposes how the registration authority establishes an external recovery system and an internal recovery system.