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The Research of Liability about the Loss of Real Estate Registration Error

Author: LiuYa
Tutor: LiRenYu
School: Beijing Technology and Business University
Course: Civil and Commercial Law
Keywords: Real Estate Registration Registration errors Liability
CLC: D922.181
Type: Master's thesis
Year: 2009
Downloads: 182
Quote: 4
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Abstract


Real estate registration system as the basic system of property law, real property changes in a pivotal position and role. Real Estate Registration to the credibility of the registration authority for real estate transactions on the recognition of the rights of the parties to the transaction in reliance on real property register, registration error occurs it means that trading on the basis of an error occurred, the parties to the transaction and other interested parties may suffer loss, giving rise to the liability of the registration authority. Urban housing ownership registration in 1997 the Ministry of Construction promulgated the \\liability, but there are obvious defects, that is the subject of compensation is limited to housing ownership registration authority, not including land rights registration authority. Moreover, the source of funds for compensation is also not clearly defined. \the registration error recovery. \bring some confusion to the practice in the handling of cases. Based on this, we need to further discussion and research issues related to real estate registration error in order to play a practical role in guiding. Start from the theoretical analysis, home and abroad, the status of real estate registration system, a case to explore the current system of China's real estate registration authorities bear the registration error liability. In addition to the preface and epilogue, is divided into three chapters, the contents are summarized as follows: The first chapter of real estate registration error Overview. The basic meaning and type of real estate registration error, a case cited several common form of real estate registration error. The second chapter of real estate registration error liability for damages identified. Throughout the countries of real estate registration authority to review the model legislation of that at this stage in our country, real estate registration authority shall take compromise substantive examination; through the doctrine of comparative analysis of the nature of the registration, registration of real estate properties characterized as a private law character appropriate; departure from the behavior of the private law nature of the real estate registration, that the real estate registration compensation liability position in the civil tort liability, in actual operation more simple, more conducive to the protection of the injured party; based on the point of view of the same powers and responsibilities that defines responsibility for the registration of real estate agencies more feasible for fault liability. Chapter III of real estate registration error liability for damages to achieve. Clear coverage of the liability of the real estate registration authorities and sources of funding proposed foreign, through the introduction of liability insurance in order to reduce the registration authority liability, to make up for the loss of the victim; compensation carried out to establish internal recovery system.

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CLC: > Political, legal > Legal > Chinese law > Administrative law > Management Act of utilities
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