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新《物权法》明确规定我国对不动产实行统一登记制度,但未明确规定统一登记的范围、登记机构和登记办法。不动产登记本质上是一种私法上的行为,产生私法上的效力。登记机构在履行登记职责时承担形式审查义务,登记错误时,登记机构有过错的,应当承担民事赔偿责任,具体情形分为三种:独立承担全部赔偿责任;与登记申请人承担连带责任;根据其过错程度与原因力大小承担相应的赔偿责任。
The new “Property Law” clearly stipulates the implementation of a unified registration system for real estate in China, but it does not clearly stipulate the scope of unified registration, the registration agency and the registration method. Real estate registration is essentially a kind of private law behavior, resulting in the effectiveness of private law. Where the registration organ undertakes the obligation of examination of form when performing its registration duties, if the registration organ has any fault, the registration organ shall bear the civil liability for compensation. There are three types of registration cases: full responsibility for compensation; undertaking joint and several liability with the applicant for registration; The extent of its fault and the extent of the reason bear the corresponding liability.