On the Compensation Liability of Real Estate Registration Error
|School||Southwest University of Political Science|
|Course||Civil and Commercial Law|
|Keywords||Real Estate Registration Registration errors Liability|
In recent years, China's economic and social development continues to accelerate, the increasing trend of real estate transactions in the order of the socialist market economy, and the corresponding generated error led to the registration of real estate compensation. Currently, in the real estate registration in China's laws and regulations are not sound enough on this to some extent, making real estate transactions, security has been a great impact. The main purpose of this writing is error liability issues in-depth analysis and discussion from the level of the theory and practice of real estate registration, which raised the liability to the specific implementation of some recommendations on real estate registration errors, in order to promote our improve on the real estate registration legislation. In this paper, the author of five aspects: The first aspect is the wrong concept of real estate registration with concrete manifestation. Its first analysis of the three theories about the definition of the concept of real estate registration error, the final draw should compromise said a more comprehensive definition of the concept of real estate registration error and accurate, most consistent with China's reality. Secondly, the real estate registration error of several concrete manifestation. The second aspect of the real estate registration error reasons and consequences of the damage. Its first real estate registration error occurred depth analysis; described the consequences of the damage and then the real estate registration error, even if the registration error will allow the parties subject to material loss, the third party acting in good faith reliance publicity suffered The reliance interest loss, leading to the disorder of the real estate market. The third aspect is the liability nature of real estate registration error analysis. First it was the nature of the behavior of the real estate registration, identification of real estate registration is a civil legal acts; followed by the real estate registration error nature of the liability described real estate registration error liability should a civil tort liability . The fourth aspect of real estate registration agency review obligations. Its error compensation for the analysis of the nature of responsibility on the face of acts of real estate registration and registration of real estate, real estate registration agency review obligations described, in order to come to China's \supplement. The fifth aspect is the concrete realization of the real estate registration error liability. That part first registration agency liability range, specific compensation compensation project and the amount of compensation; then analyze the the registration error compensation funding sources, proposed the establishment of the main national financial capital commitment to the real estate registration agency set up specifically Compensation Fund, supplemented by both insurance agencies pay part of the cost of the compensation system; envisaged registration agency how to exercise the right of recourse.