[Case Summary]This case involves the correction of typographical errors in the judgment document. In 2011, the plaintiff, Wang *'s uncle, sued for an inheritance dispute. The first-instance judgment ruled that the house belonged to Wang *, but the judgment document contained errors in the house's address and street name. The second-instance court upheld the original judgment and also repeated the typographical errors. Years later, when Wang * applied for household registration, he discovered the errors and was unable to register normally. Wang * entrusted the Beijing Henglu Law Firm to handle the case.\nQiu JuanThe lawyer intervened and submitted an application for correction of the typographical error in the ruling. The lawyer found that the evidence on which the judgment was based indicated the correct address, and both parties in the trial also confirmed the correct address. After much effort, the court ultimately ruled to make the correction, solving the problem that had troubled the parties for years. The core disputes are: the determination of the typographical error, the initiation of the correction procedure, and the relief path after ten years. Applicable laws: the relevant provisions of the Civil Procedure Law of the People's Republic of China.

I. Review of the Case Facts

"What should I do if the address on the judgment is wrong?" "Can the typo in the judgment from ten years ago be corrected?" "What should I do if I can't register the house because of a mistake in the judgment?" These are rare but difficult problems for litigants. Judgments have the authority of res judicata, definitiveness, and enforceability, and their importance is self-evident. However, with a large number of cases and a limited number of judges, judges are under great pressure, and typos often occur.

Recently, our instituteQiu JuanThe lawyer received a case. In 2011, the client, Wang * was sued by his uncle in court. The uncle claimed that there was an inheritance dispute and requested that a property in Daxing District, Beijing be awarded to him for inheritance. In the first-instance judgment, the house was awarded to Wang *, but Wang * did not notice that the first-instance judgment not only had a wrong house number for the property involved, but also a wrong name of the alley where the house was located. Later, the uncle appealed. The second-instance court dismissed the appeal and maintained the original judgment, but the second-instance court also failed to find the typographical errors, and the judgment continued to use the wrong address.

In recent years, when Wang * applied for household registration at the police station due to his living needs, he found that the house number in the judgment was incorrect, which resulted in him and his family being unable to register their household normally, seriously affecting their lives. After two years of struggling without a solution, the client came to our law firm and entrusted a professional lawyer to handle the case.

II. The focus of the case

  • Focus 1: Whether there are any correctable typographical errors in the judgment documents involved in the case.Typographical errors are limited to obvious mistakes in text and calculations, and they must be inconsistent with the original meaning.
  • Focus 2: What facts should be used to determine the correct address for correction?The evidence on which the judgment is based and the address confirmed in the courtroom are crucial.
  • Focus 3: How to initiate the correction procedure after a lapse of ten years.The original presiding judge is no longer in office, so the application for a ruling must be submitted to the current court.

III. The professional intervention of Hengluo Law Firm

The situation of the party (right holder):In 2011, Wang * was awarded the ownership of the house, but due to a typo in the house number and street name in the judgment, he was blocked from registering his household registration for many years and suffered from damage to his rights and interests.

Hengluo Lawyer's Agency Services:\nQiu JuanAfter accepting the case, the lawyer communicated with Wang * as soon as possible to understand that Wang * had been bedridden for many years and had been taken care of by relatives for a long time. Guided by the principle of "acting on behalf of others with integrity", the lawyer promptly began to handle the case. The lawyer found that the plaintiff's "Civil Complaint" in that year had written the house number wrongly, but the relevant evidence on which the judgment was based indicated the correct address of the house involved in the case, and both the plaintiff and the defendant confirmed the correct address of the house in the cross-examination during the trial.

  • The lawyer believes that in order to ensure the execution of the effective judgment documents and correct omissions, it is necessary to submit an application for correction of typographical errors in accordance with the provisions of the Civil Procedure Law of the People's Republic of China and other regulations, and apply to the court for correction.
  • Due to the fact that ten years have passed since the case occurred, the lawyer searched for the First Intermediate Court and the Supreme Court, but the original judge was no longer in office. Eventually, with the lawyer's persistent efforts, the court issued a ruling to correct the original judgment.

IV. Outcome of the case

在Qiu JuanUnder the lawyer's persistent efforts, the court finally ruled to correct the typographical errors in the address and alley name in the judgment, successfully solving the long-standing problem of household registration for the parties involved. Although the case did not result in a substantive victory, the court corrected the errors in the effective legal documents through legal procedures, enabling the correct execution of the judgment and effectively safeguarding the legitimate rights and interests of the parties.

5. Hengluo Law Firm's Reminder

After receiving the judgment, it is necessary to check the content in a timely manner. If any typographical errors are found, the court should be contacted as soon as possible to correct them. This case is handled by Beijing Henglu Law Firm.\nQiu JuanThe attorney (practice license number: 11101201811026953, subject to the document issued by the judicial administrative organ) hereby acts as the agent and reminds the client that if there are any errors in the adjudicative document, they should promptly entrust a professional lawyer to apply for correction.

VI. Correction of typographical errors in judgments and common questions about housing registration FAQ

  1. Q: Can the house number on the judgment document be corrected if it's written incorrectly?
    A:Yes. This is a typographical error that can be corrected. According to the Civil Procedure Law, you can apply to the court for a ruling to correct it, and there is no need for a retrial.
  2. Q: Are typographical errors in a judgment the same as miscarriages of justice?
    A:They are different. A typographical error refers to obvious mistakes in text or calculations that do not conform to the original meaning, and the court may order the correction of such errors. However, if the court misinterprets the facts of the case, the party concerned must seek remedies through appeal or retrial.
  3. Q: Can a clerical error in a judgment from ten years ago still be corrected?
    A:Yes. Corrections of clerical errors are not subject to ordinary statutes of limitations. As long as the correct content can be proven (such as the evidence on which the judgment is based and the confirmation in the court hearing), an application for a ruling on correction can be made.
  4. Q: What should I do if I can't handle the household registration due to an incorrect address in the judgment document?
    A:First, submit the evidence of the correct address to the court that issued the judgment to apply for a correction of the ruling. Then, use the corrected document to handle the household registration.
  5. Q: How to prove that the address in the judgment document is a typo?
    A:The evidence submitted for the judgment (such as the property ownership certificate, the demolition agreement), the address confirmed by both parties in the court transcript, and the original complaint, etc., form a complete corroboration.