KKO 2335/1995
AI generated
Supreme Court clarifies that a debt repayment plan's start date is the date of the court's decision, not the agreement date.
Legislator summary
AI generatedThe Supreme Court ruled that the commencement date of a court-confirmed debt repayment plan is the date of the decision, not the date of the agreement. The debtor argued the plan began when the agreement was signed, while the creditor contended it started upon judicial confirmation. The court held that only the judicial decision creates the legally binding obligation to follow the plan's terms.
Legislator headnote
AI generatedVJL 30 § 2 mom; The commencement date of a court-confirmed debt repayment plan is the date of the judicial decision establishing the plan, not the date of the underlying agreement.
Keywords
AI generated
debt repayment plan
commencement date
judicial decision
court confirmation
civil procedure
payment schedule
legal effect
Cited Legislation
AI generatedVJL 30 § 2 mom
Related Decisions
AI generatedkko-other_2002_1566
Supreme Court dismissed creditor's claim for payment order cessation as it lacked unreasonably delayed grounds.
kko-other_1995_4689
Supreme Court held that a confirmed payment plan duration cannot interrupt unemployment insurance assessment when the debtor's payment obligation was removed due to lack of funds.
kko-precedent_2012_61
Supreme Court allows creditor to challenge debt validity after payment plan termination in Finnish debt restructuring.
kko-precedent_2005_8
Supreme Court dismisses creditor's request to terminate payment plan as debtor fulfilled official notification duties.
kko-precedent_2005_121
Supreme Court allows debt restructuring plan amendment for legally established debt not initially listed due to procedural uncertainty.
Full text
Kysymys velalliselle vahvistetun maksuohjelman keston alkamisajankohdasta.
VJL 30 § 2 mom