The quashing of a judgment does not affect

Application pratique:

This Court of Cassation decision confirms that rectifying a clerical error remains valid if it affects a provision not impacted by the quashing. You should file a request for rectification limited solely to the rent amount, ensuring it does not touch the eviction order that was quashed. Keep the original judgment, the appeal ruling, and any correspondence showing the clerical error. If challenged, cite this 1976 case to argue that the correction stands independently.

Application pratique:

Under this case law, the quashing only affects the provisions explicitly annulled by the appeal court. Since the rectified boundary description was not part of the quashed financing clause, the correction stays enforceable. You should ask your notary to confirm that the rectification judgment is independent from the quashed clause, and keep both judgments safe. If any doubt arises, you can rely on the 1976 decision to prove that the corrected description still holds.

Application pratique:

The 1976 decision establishes that a rectification of a clerical error remains valid when it concerns provisions not affected by the quashing. Here, the name correction is unrelated to the cost allocation, so it is valid. You should formally notify the syndic and other co-owners that the correction stands, referencing this case law. To avoid further disputes, keep a copy of both the rectification judgment and the quashing decision, and if necessary, seek a court order confirming the separation.