On Registration Errors And Compensation Liability Of Real Estate Registration Institution

Real estate registration errors not only cause serious economic losses to the real right holders and bona fide third parties,but also weaken the authority of real estate registration institutions and affect the credibility of registration.However,the registration errors caused by the real estate registration institution have aggravated the impact on the registration system itself.Therefore,in order to consolidate and play the role of the registration institution and the registration system,it is necessary to define the registration errors of the real estate registration institution on the basis of the principle and nature of liability imputation.This paper traces back to the origin of the registration system from the perspective of legal history and explains the proper meaning of registration errors,and then interprets the definition of registration error in Chinese law by means of interpretation of meaning and purpose.Then this paper uses comparative law to analyze representative French and German real estate registration legislation and the Torrance registration system.In addition,by comparing the legislation of our country and combining with the data of judicial judgment,this paper studies the scope of the examination obligation of registration institutions in our country.Then this paper analyzes the current situation and causes of the legislation and judicature of the compensation liability of the registration institution,and explains the principle of imputation and the nature of liability that should be adopted in China by combining with the study of legal theory and comparative law.This paper is divided into three parts: the connotation and extension of the registration error,the definition of the fault of the real estate registration institution,and the compensation liability of the registration institution.Among them,the first part focuses on the three aspects of theory,legal norms and legal history,pointing out that the registration error is that the real right matters recorded on the register are inconsistent with the real right status,and its extension includes the inconsistency caused by the registration institution and the inconsistency caused by the defects of the registration cause.The second part analyzes that the real estate registration institutions in China do not have the obligation of substantive examination in the true sense from three levels: legislation,judicial judgment and legal analysis.The third part,from the perspective of China’s legislation and foreign laws,points out that China’s legislature is inclined to accept no-fault liability for registration institutions,but fault liability should be adopted to adapt to the non-absolute registration effect,and the nature of the liability for compensation has not been clearly defined by law,but the legislative cost of adopting the theory of state liability for compensation is less.At last,this paper puts forward some Suggestions for legislation to improve the liability of compensation for registration errors of real estate registration institutions in China,and thinks that it is better to adopt the nature of fault liability and state liability for compensation.