KKO 2251/1997
AI generated
Supreme Court dismisses foreign debt claim where company law prohibits such claims against shareholders.
Legislator summary
AI generatedThe Supreme Court dismissed the plaintiff's claim for a foreign debt against the defendant company. The plaintiff argued that the company should bear the debt, but the defendant relied on Section 12, Chapter 7 of the Companies Act, which prohibits such claims against shareholders. The court held that the statutory prohibition renders the claim inadmissible as it violates the specific legal restrictions on shareholder liability.
Legislator headnote
AI generatedOYL 12 luku 7 § 3 mom; OYL 12 luku 7 § 5 mom: The prohibition in the Companies Act against claims for foreign debts against shareholders renders such claims inadmissible.
Keywords
AI generated
foreign debt claim
shareholder liability
companies act prohibition
admissibility of claim
corporate law restriction
Cited Legislation
AI generatedOYL 12 luku 7 § 3 mom
OYL 12 luku 7 § 5 mom
Related Decisions
AI generatedECLI:FI:KKO:2021:77
Supreme Court allows bank's claim on mortgaged shares, granting bona fide purchaser protection despite recent seizure.
kko-precedent_1997_10
Share pledge binding creditors without share certificates upheld if board member received notice.
kko-precedent_1998_47
Supreme Court rules that a mortgage by a housing cooperative against its sole shareholder's debt is void if it harms the cooperative's purpose.
kko-precedent_1999_9
Supreme Court rules that a joint mortgage on shared property is void for one owner if invalid for the whole property.
kko-precedent_1996_104
Supreme Court dismisses claim that bank violated good faith by renewing loan without notifying pledgee.
Full text
Kysymys vierasvelkapanttauksesta ja osakeyhtiölain 12 luvun 7 §:n 3 momentin kiellosta.
OYL 12 luku 7 § 3 mom
OYL 12 luku 7 § 5 mom