Article 438. Notion

(1) When a registration, provisional registration, or notation made in the register does not match the true legal situation, its rectification may be sought.
(2) Rectification means the deletion, adjustment, or correction of any inexact registration, provisional registration, or notation made in the register.
(3) The true legal situation must result out of a recognition made by the holder of the registration, provisional registration, or notation whose rectification is sought, by way of a statement given in the form required by law, or under an irrevocable judgment rendered against the holder, whereby the underlying action was admitted.
(4) An underlying action may consist of, as the case may be, an action for a finding or declaration of nullity or ineffectiveness of a juridical act in respect of an establishment, a transfer, or, as the case may be, a termination of a registered right, an action of nullity of the registration, provisional registration or notation, an application of revision of a judgment or an application to challenge an arbitral award, as well as any other action whose effect may be to ground an action of rectification.