不动产登记机构赔偿责任的若干理论问题探讨

我国物权法对不动产登记机构赔偿责任作了的规定,但由于规定过于原则,也没有对一些基本的理论性问题予以明确,导致缺乏可操作性,也会给司法实践带来混乱.本文认为,不动产登记机构赔偿责任在性质上属于民事赔偿责任,归则原则为严格责任,赔偿的范围为全部赔偿,责任的形式为独立赔偿责任.

The Review of Several Theoretical Problems on the Liability for Damages of Real Estate Registration Agencies

China Real Right Law set up regulations of the liability for damages of real estate registration agencies. The regulations are mostly in pnnciple and make some theoretical problems unclear, which render them lack of operation and confuse the judicial arbitration at the same time. In the author＇s view, the nature of liability should be defined as civil liability; the czitetion of liability is strict liability; the scope of liability is full compensation and the formality of liability is indenendent liability.