论不动产登记机构损害赔偿

Compensation of Real Estate Registration Organs

不动产登记是不动产权利公示并获取公信力的技术保障,是不动产物权效力的根据。登记对于不动产物权具有决定性的作用,如果存在欺诈登记或登记错误的情形,那么将会对真实权利人造成很大的损害。虽然我国现有的法律对于不动产登记损害赔偿问题已有涉及,但遗憾的是对登记机构赔偿的性质、赔偿的归责原则、救济途径及资金来源等重要问题的规定过于模糊与抽象,为具体应用留下了诸多空白。

The real estate registration is an important technical guaranty for publicizing real estate rights and acquiring public credibility, and also a foundation for the real right efficacy of real estate. If the fraudulent registration or mistaken registration happens, it will create huge loss to the owner of the real estate. Although the issue of compensation by real estate registration organ is already involved in the existing laws of our country, unfortunately many important aspects, such as the nature of compensation by real estate registration organs, the principle of responsibility for the compensation, remedy ways and capital sources are prescribed abstractly and obscurely. All of these cause much inoperability for the practical application of the compensation system.