Legislator Case Law & Legislation
KKO 932/1997 AI generated

Supreme Court dismissed appeal regarding enforcement of claim limited to mortgaged property only.

Case Number KKO 932/1997
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appellant's appeal against the lower court's decision to enforce a claim solely against the mortgaged property. The appellant argued that the claim should be enforceable against all assets, while the lower court held the mortgage limited the scope to the pledged real estate. The court upheld the limitation, ruling that the specific agreement restricting enforcement to the mortgaged property was valid and binding.

Legislator headnote

AI generated

Section 10 of the Mortgage Act; Section 10 of the Enforcement Act: When a claim is secured by a mortgage on specific real property, enforcement is generally limited to that property unless the creditor has a right to pursue other assets.

Keywords

AI generated
mortgage enforcement pledged property limited claim real estate security enforcement scope mortgage law asset restriction

Cited Legislation

AI generated
Section 10 of the Mortgage Act
Section 10 of the Enforcement Act
AI generated

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Full text

Kysymys oikeasta vastaajasta jutussa, jossa oli vaadittu saatavan suorittamista vain sen panttina olevasta kiinteistöstä.