Discussion On Legal Relief Ways Of Mistake Of Registration For Real Property Immovable Property

Registration for immovable property is the essential requirement of principle of public summons and public trust of real right, which plays an increasingly important part in the social and economic life. Perfect immovable property registration system has a very vital significance on maintaining the orders of real rights of immovable property and guaranteeing the safety and convenience of the immovable property trade. However, the relevant system and the concrete operating procedures on registration for immovable property in China are still not mature, and there are all kinds of conditions about mistakes of registration. As stipulated by Real Right Law: In case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability for compensation. But, for the criterion of liability for this responsibility, which decides the constitutive elements, limit of compensation, exception from liability, sharing the burden of proof and other important issues of this responsibility, specific provision has not been given. And all the problems also become the focus of the scholars'controversies. Through the discussion of this paper, the author attempts to expose many unreasonable and relaxed fault practices existed in registration for immovable property of current administrative registration authority in order to find the methods of bearing civil liability for loss of opposite person for administration and other victims due to defective behavior of executive authority, administrative staff and administrative applicant, expound and prove the criterion of liability for executive authority making compensation for mistake of registration, and so as to promote the unification of standard of judicial judgment on such claim compensation cases, and promote the perfection of administrative registration system in China. More specifically, this paper is divided into the following four chapters:Chapter one, problem introduction. In this chapter, through introduction of one case, the author introduces that well-meaning mortgagee Xie's right couldn't be reached due to mistake of registration for real property immovable. For this, whether the well-meaning mortgagee Xie's right was impaired? What the legal relation between he and other parties? What the relationship between rights and obligations between the parties in the process of registration for immovable property? Through case introduction, the author makes analysis on the legal relation between the parties, which lays a foundation for discussion on how the well-meaning mortgagee Xie to seek right relief later.Chapter two, overview of immovable property registration system. In this chapter, the author describes the origin, concept and characteristics of immovable property registration system in details and at the same time introduces several typical immovable property registration patterns such as claim intentionalism pattern, real right formalism pattern and claims formalism pattern, etc. At the same time, the author focuses on introducing the development history and selected patterns of the immovable property registration.Chapter three, legal remedy on the error registration of immovable property. In this chapter, the author starts from analyzing the legal nature of Chinese immovable property registration, proposing and demonstrating bright point of views that the registration of immovable property is an administrative act instead of a civil act and that the registration of immovable property is to affirm identity instead of right and that the registration of immovable is not administrative licensing. At the same time, the author generalizes several controversial liability criteria on the error registration of immovable property. From the perspective of the case in chapter one, well-meaning mortgagee Xie's legal remedy means are demonstrated in the compensation cases of the error registration of immovable property with regard to the real situation. The author holds that the rights of well-meaning mortgagee can not only be gained from the contract opposite party but also from the office immovable property registration office. Therefore, well-meaning mortgagees have option.Chapter four, the perfection of our country's immovable property registration system. In this chapter, the author proposes several suggestions on perfecting the immovable property registration system with regard to the flaws of it. The first suggestion is to establish a unified immovable property registration office to avoid the error registration caused by the disordered immovable property registration offices. The second suggestion is to establish essential examination system of immovable property registration to increase the position characteristics of immovable property registration office, make the registration more accurate and maintain the transaction order. The third suggestion is to establish liability system of immovable property registration office to guarantee obligee's rights protected according to the regulations when there is error registration of immovable property through the liability requirement of immovable property registration office.