Legislator Case Law & Legislation
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.

Case Number KKO 4485/1996
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The 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 generated

Guarantee 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 generated
Guarantee Act 4 §
Guarantee Act 10 §
AI generated

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Full text

Kysymys siitä, oliko omavelkainen takaus takausasetuksen 4 §:n nojalla vanhentunut.

TakausA 4 §