Term and Meaning of Correction in Law
Die Correction is a central concept in German law and refers to the rectification of errors in official, judicial, or private documents as well as in public registers. The legal significance of correction arises from the need for material accuracy and legal certainty. Here, correction is differentiated from related legal concepts such as amendment, supplementation, or deletion.
The following explains the term “correction” comprehensively and presents various legal aspects, areas of application, and procedural regulations.
Different Legal Fields and Areas of Application
Correction in Civil Law
Judicial Decisions
In civil procedure law, the correction of erroneous judicial decisions is specifically regulated. According to Section 319 of the ZPO (German Code of Civil Procedure), clerical errors, calculation mistakes, and similar obvious inaccuracies in judgments or orders can be corrected at any time ex officio or upon application. This ensures that formal errors do not hinder the enforcement of substantive law.
Correction of Deeds
The chambers of notaries and courts are authorized, pursuant to Sections 42 et seq. BeurkG, to correct notarized declarations if clerical errors are subsequently discovered. This is done via a correction deed, which references the original deed.
Correction in Public Law
Administrative Acts
Administrative acts can be corrected if they contain clerical or calculation errors or similar obvious inaccuracies. The legal basis is found in Section 42 VwVfG (Administrative Procedure Act). Such correction may be carried out ex officio or upon application. The correction does not affect the legality of the underlying substantive decision.
Register Correction
The correction of public registers, particularly the land register (Sections 894 et seq. BGB), the commercial register (Section 143 FGG or Section 398 FamFG), or the register of associations, serves to protect public faith in the register and ensure material accuracy. A prerequisite for correction is usually proof of the inaccuracy of the register entry as well as an application for correction.
Example: Correction of the Land Register
According to Section 894 BGB, any person whose right is adversely affected by an incorrect entry may request correction from the land registry office. Entries are generally considered correct; however, if the contrary is proven, there is a right to correction.
Correction in Criminal Law
Criminal procedural law also provides for the possibility of correcting decisions. Section 353 StPO (Code of Criminal Procedure) permits the correction of clerical errors or similar obvious inaccuracies in judgments.
Requirements and Procedure for Correction
Requirements
The legal requirements for a permissible correction differ in individual cases and depend on the relevant specialized law. As a rule, the following are required:
- Existence of an obvious or demonstrable error (e.g., clerical error, transposed digits)
- No independent constitutive element; correction is intended only to restore conformity with actual circumstances
- The corrected set of facts must not lead to a substantive change tantamount to a new substantive assessment
Procedural Sequence
The correction is often performed informally, but a special correction deed or an additional order may also be required. It may be carried out upon application by an affected person or ex officio by the competent authority. Legal remedies against the rejection of a correction are usually the same as for the underlying decision.
Distinctions from Other Legal Concepts
Correction is to be distinguished from:
- Amendment: An intervention in the existence or content of an administrative act, document, or entry based on a new factual or legal situation.
- Revocation and Withdrawal: While correction corrects only obvious or formal errors, revocation and withdrawal involve a substantive review of the effectiveness or legality of the original decision.
- Supplementation: Supplementation concerns, for example, the addition of omitted components of a decision, but does not simply remedy errors in existing text.
Legal Consequences of Correction
Correction generally has declaratory effect: it brings documents, register entries or administrative acts into conformity with the actual circumstances without affecting their substantive legal validity. In land register law, for example, the correction is retroactive to the time of the erroneous entry, unless there are overriding legitimate interests of third parties (e.g., public faith in the land register).
Correction in the International Context
Comparable correction mechanisms also exist in international law and other legal systems. International organizations and courts often have special procedures for the correction of deeds, records, and register entries, which are structured along similar lines as in German law.
Significance of Correction for Legal Certainty
Correction ensures the reliability and accuracy of official documents, registers, and administrative acts. It plays an essential role in guaranteeing legal certainty and transparency in legal transactions. Incorrect entries can have serious economic and legal consequences for those involved; a functional correction mechanism is therefore fundamental for the proper functioning of the rule of law.
Literature and Further Information
Palandt, German Civil Code, Commentary, current edition, keyword “Berichtigung” Zöller, Code of Civil Procedure, Commentary, current edition
* Kopp/Ramsauer, Administrative Procedure Act, Commentary, current edition
Summary:
Die Correction is a significant corrective legal instrument that is applied in almost all fields of law. It ensures the accuracy and reliability of decisions, documents, and registers. Thus, it is an important cornerstone for legal certainty. The legal requirements and procedures depend on the respective field of law, but always follow similar basic principles.
Frequently Asked Questions
Who is obliged to carry out a correction?
In principle, those persons or entities responsible for the incorrect statement, information, or representation are obligated to perform a legal correction. In administrative law, this is usually authorities; in civil law, mostly the parties to a contract or third parties providing required information. Under the General Data Protection Regulation (GDPR), for example, the controller (often a company or a public body) is required to rectify a data subject’s personal data upon request. In media law contexts, media companies, such as newspaper publishers or broadcasters, are generally obliged to correct. The obligation generally arises from special statutory provisions or contractual agreements. In the event of non-fulfillment, affected persons can sue for correction depending on the legal area.
What deadlines must be observed for a correction?
The deadlines to be observed for correction depend on the respective statutory provisions. In data protection law, Art. 16 GDPR demands an immediate correction, meaning without undue delay, whereby a period of one to two weeks is generally considered reasonable. In registration law, authorities are obliged to correct entries in the population register promptly, typically within a few days after an application is made. For notarial deeds or land register entries, the certification law or land register law determine the relevant deadlines, and action must also be taken without delay. In media law, state media acts sometimes specify particular deadlines for the publication of corrections after receipt of the corresponding request. If the obligated party misses the deadline, this may lead to claims for damages or sanctions.
What are the legal consequences of a failure or delay in correction?
If a correction is not made, is delayed, or is made improperly, this may result in far-reaching legal consequences. In data protection law, the supervisory authority can impose fines on the responsible company (Section 83 BDSG, Art. 83 GDPR). Furthermore, the affected person can sue for correction or, if applicable, claim damages. In media law, counterstatement and injunction lawsuits may be filed, allowing for the publication of counterstatements or the granting of withdrawal rights. In matters relating to the land register, delayed correction may lead to economic disadvantages, such as in property sales, and judicial enforcement proceedings may be threatened. Overall, legal enforcement measures and rights of action ensure the enforcement of the right to correction.
In what cases may the right to correction be denied?
A correction may be legally refused if there is no error or inaccuracy, or if the correction is otherwise impermissible for legal reasons. In data protection law, correction may be refused, for example, if the accuracy of the data in question can be proven or the data is still needed for evidentiary purposes. In civil law, a contracting party may refuse correction if it can prove that the existing information is correct or that the amendment is contractually excluded. In media law, correction is not always necessary, for example, in the case of expressions of opinion or non-protectable information. As a general rule, however, refusal must be justified and documented; affected persons can have the decision reviewed by a court.
What evidence is required for a successful correction?
In the legal context, it is necessary to state and prove the inaccuracy of an item of information, statement, or representation. Depending on the legal field, different documents and evidence may be suitable. In data protection law, this may include submission of official documents (e.g., identity card, birth certificate), electronic records, or credible factual statements. In land register law, public deeds (e.g., notarial declarations) are regularly required. In media law, the applicant must provide concrete indications, documents, witness statements, or other appropriate proof of the inaccuracy of the published facts. The more significant the matter to be corrected, the stricter the requirements for the evidence generally are.
What costs are incurred for a correction?
The costs for a legal correction vary depending on the circumstances and responsible body. In many cases, especially in data protection law, correction is free of charge for affected persons. In other legal fields (for example, in land register law), administrative fees or notarial costs may be incurred for the correction. In court proceedings—such as when the duty to correct must be enforced—court and possibly attorney’s fees arise. Further costs may result from the publication of counterstatements in media law or from the implementation of practical corrective measures. Who bears the cost depends on the legal basis and culpability; as a rule, the responsible party bears the cost if obligated to correct.
