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Research On The Liability System Of Real Estate Registration Error

Posted on:2020-11-14Degree:MasterType:Thesis
Country:ChinaCandidate:S T HuangFull Text:PDF
GTID:2416330590480616Subject:Law
Abstract/Summary:PDF Full Text Request
China implements a unified real estate registration system.Registration is an effective requirement for changes in real estate rights.However,during the real estate registration process,due to the reasons from applicants or registration agency,registration errors are inevitable.The liability system for real estate registration errors exists because of the real estate registration errors.It compensates the original right holders whose rights have been violated,regulates social contradictions and builds a society ruled by law.However,China's current liability system of real estate registration error still has defects in judicial practice.This paper analyzes three existing problems by case analysis,literature analysis and comparative analysis: including unclear registration criteria for real estate registration,unclear liability nature of registration error compensation,and lack of registration limit for registration agencies due to registration errors.By explicit legal provision,references to extraterritorial systems and connection with existing systems,the author proposes some corresponding improvement suggestions: adopting the registration review standard as form review supplemented by substantive examination;clarifying the nature of the liability for administrative compensation;establishing a system of limited compensation for registration errors,hoping to help improve the liability system for real estate registration error in China.
Keywords/Search Tags:Real estate registration error, Liability, Registration review criteria, Nature of liability, Limited compensation
PDF Full Text Request
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