也论不动产登记错误的法律救济

On the Legal Relief of Mistake of Real Estate Registration

在我国不动产登记之行政属性的现实基础上,要处理登记错误,不能仅依靠诉讼途径,更要注重更正登记制度的建设。在登记机关违背实质审查义务而导致登记错误,并致人受到财产损害的,要根据具体情形,来确立登记机关、申请人以及其他相关人员的赔偿责任。

We cannot deny the fact that our real estate registration has the administrative meaning. If we adopt this realism point, we will know that to deal with the mistake of the real estate registration, we must attach more importance to the system of correction registration besides the suit to correct the mistake. When the registration institution is in breach of the duty of substantive correction, maybe the mistake of real estate registration will damage the right owner＇ s economic interest. To make up such damage, the law should define the registration institution and other subject＇ s compensation liabilities according to different cases.