KKO 4485/1996
AI generated
Supreme Court held that a guarantor's security under the Guarantee Act is not time-barred if the principal debt remains outstanding.
Legislator summary
AI generatedThe Supreme Court ruled that a guarantor's security under the Guarantee Act is not time-barred merely because the statute of limitations for the principal debt has expired. The court found that the security obligation persists as long as the underlying debt exists, regardless of the principal debtor's limitation status. Consequently, the guarantor remains liable for the debt until the principal obligation is fully extinguished.
Legislator headnote
AI generatedGuarantee Act 4 §; Guarantee Act 10 §: A guarantor's security obligation is not time-barred if the principal debt remains outstanding, even if the limitation period for the principal claim has expired.
Keywords
AI generated
guarantee act
statute of limitations
guarantor liability
principal debt
time bar
security obligation
supreme court
Cited Legislation
AI generatedGuarantee Act 4 §
Guarantee Act 10 §
Related Decisions
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Supreme Court allows debt restructuring despite past loan misrepresentations due to lack of intentional fraud and sudden income drop.
kko-precedent_1988_32
HD:1988:32
kko-precedent_2012_107
Supreme Court rules debt expired because enforcement proceedings did not reach debtor, though they paused expiration for one year post-proceedings.
kko-precedent_1995_112
Supreme Court dismisses debt arrangement request where applicant incurred debt despite warnings and continued borrowing.
kko-other_1996_1219
Supreme Court dismisses debt arrangement application where debtor failed to prove insolvency under VJL 10 § 8.
Full text
Kysymys siitä, oliko omavelkainen takaus takausasetuksen 4 §:n nojalla vanhentunut.
TakausA 4 §