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The Study on Liability of Real Property Regitered Offices and Judicial Relief

Author: XuHaiYan
Tutor: HuJianZuo
School: Zhejiang Technology and Business University
Course: Procedural Law
Keywords: real property right registration compensation liability
CLC: D923.2
Type: Master's thesis
Year: 2010
Downloads: 35
Quote: 1
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Abstract

The registration of real property right can disclose the state of real estate, which will enable the public to know more about the real property. Because of trusting real estate register, the parties of real estate reach trading.The registration error means that the party of real property right and other interested parties are likely to suffer loss from the transaction. Therefore, the problem of liability can’t be avoided. As a result,’Property Law’set up a specialized section of the registered offices’responsibility. It gives a principle regulations of the registered offices’responsibility,in which the article 21 describes that---’The party providing unreal materials to application for registration and causing damage to other persons, should take the liability. Registered offices should bear liability for the loss to others due to registration errors. When compensation is paid, it could be recovered by the person who has made the mistake.’This article should be deemed to protect the registrant of real property right and other interested parties effectively, with great institutional significance.However this article is principle and extensive, all value and meaning is more about showing the level of oath. From the view of judgment, it is far beyond the need of judicial decision. In reality, the contents about the nature of compensation liability, relief way, obligation principle, scope of compensation and other controversial issues are not explicit. These articles are lack of operability in the judicial practice.Thus,it sets stage for us to make deeper exploration and Perfection concerning the system of real estate registration.This article consists of five chapters. Through a case，the part of introduction tells the important for improve the liability of real property registration offices and the need for judicial relief system. Chapter I:Overview of real property registration. Described real property registration Effectiveness’legislative system. And the main substantive examination, the form of review, supplemented by the review form. Chapter II:The nature of damages of real property registration authority and the liability principles. Main argument of the real property registration authority is an administrative compensation for damages, the applicable principles of fault liability attribution principle. Chapterlll: Classificate real property registration office’s damage. This chapter shall be liable for real property registration office in the case of compensation to be classified, and real property registration office should only bear the direct economic losses. ChapterlV:The judicial relief of damages which is resultd by real property registration office. Firstly, this chapter analyzes the current theory of the existence, Then, proposes an administrative judicial remedy incidental civil action. Chapter V:Some advises to improve real property registration office compensation system. Because of the huge amount of damages and other issues, the article propose to create compensation funds, notary system and so on.

The Study on Liability of Real Property Regitered Offices and Judicial Relief

Abstract

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