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Research on Liability for Compensation of Real Estate Registration Institution

Author: LiuMin
Tutor: SunPeng
School: Southwest University of Political Science
Course: Legal
Keywords: Real estate registration institution Review obligations Registration error Liability for compensation
CLC: D923.2
Type: Master's thesis
Year: 2011
Downloads: 35
Quote: 0
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Abstract


As the market economy prosperity, real estate is increasingly important because of the frequent trading, in the pursuit of efficiency, at the same time the security of transactions is more and more important, registration because of its unique features has become the focus of real property legislation. In 2007 and implemented by the "property law" in its 9 to Article 22 of the applicable provisions of Registration of Real Estate, "Property Law" as a basic civil law in relation to other administrative regulations, departmental rules and regulations have precedence in terms of effectiveness, However, its provisions are too on the principles of real estate registration, the registration agency review and registration obligations were the standards for how the agency liability, etc. are not explicitly identified, the registration error of the damages, too, Theorists of the controversial, from the referee level, it can not meet the needs of the administration of justice, court cases are not easy. This article will use the theory of civil law, through a case assessment, combined with the concrete practice of China, on the liability of real estate registration error analysis and discussion. A total of 17,000 full-text characters, divided into five sections, the following major elements:The first part is about case studies of the real estate registration error, it analyzes the explicit focus of the controversy over the case and then asks questions.The second part has defined that the real estate registration agency’s role during the registration process obligation to review the standards, our approach is that at this stage the form of a combination of review and substantive review of the review form.The third part is the full text of key paragraphs on how to identify real estate registration agency liability was discussed, and this is the core of this paper, a clear liability for damage to real estate registration agency of the nature of tort liability, the principle of presumption of fault attributable to the principle of responsibility and analyzed the real estate registration agency of the constituent elements of liability for damages.Part IV, from the registration agency the scope of liability and the sharing of two aspects of liability for damage to real estate registration agency for the realization of a little explored.Part V in front of the correlation analysis as the basis for the analysis of the case put forward opinions on handling.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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