Legislator Case Law & Legislation
KKO 530/1997 AI generated

Supreme Court held that a surety's liability remains unchanged even if the creditor's claim against the co-surety is time-barred.

Case Number KKO 530/1997
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Allowed / Granted

Legislator summary

AI generated

The Supreme Court ruled that a surety's liability does not diminish when the creditor's claim against a co-surety is declared time-barred. The creditor argued that the co-surety's time-barred defense should reduce the primary surety's obligation, while the surety contended their liability remained absolute. The court decided that the time-bar applies only to the specific co-surety and does not alter the primary surety's statutory liability under the relevant law.

Legislator headnote

AI generated

Section 10 of the Act on the Liability of Sureties; A surety's liability remains unchanged and cannot be reduced by a time-bar defense raised by the creditor against a co-surety.

Keywords

AI generated
surety liability co-surety defense time-barred claim joint and several liability statutory suretyship

Cited Legislation

AI generated
Section 10 of the Act on the Liability of Sureties
AI generated

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Full text

Kysymys siitä, tuliko hovioikeuden todeta omavelkaisen takaajan vastuun muuttuneen pääluvun mukaiseksi, kun velkomuskanne hänen kanssatakaajaansa kohtaan hylättiin vanhentuneena.