Where Is the Line Between a “Clerical Error” and a Change in the Judgment?
This video discusses an important legal position of the Joint Chamber of the Civil Cassation Court of the Supreme Court in case No. 754/15252/15-c. The Court clarified what constitutes a judicial clerical error, and what is an impermissible correction that alters the substance of a court decision and violates procedural norms.
Key Takeaways:
A judicial clerical error is an obvious mistake that does not change the essence of the rendered judgment.
The following does not qualify as a clerical error and cannot be corrected by a court ruling:
An error that changes the substance of the court decision.
An error that affects the scope of the rights and obligations of the parties.
An error that indicates a change in the court’s intent.
This case illustrates the boundary between a technical correction and unlawful interference with an already rendered judicial decision.