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不动产登记行为的主要效果表现为物权变动,本质上乃私法行为。因不动产登记机构登记错误产生的损害赔偿责任应为民事责任,并应采用过错责任原则。损害产生的原因不同,其责任形态也不同。本文认为在申请登记人和登记机构构成混合侵权时,二者之间的责任形态宜确定为不真正连带责任。
The main effect of real estate registration behavior is the change of real property, which is essentially private law. The liability for damages arising from the registration error of the real estate registration agency shall be civil liability and the principle of fault liability shall be adopted. The causes of damage are different, and their responsibilities are different. This article considers that when applying for registration and the registration agency constitutes a mixture of infringement, the responsibility form between the two should be determined as not really joint and several liability.