KKO 1908/1999
AI generated
Supreme Court dismissed appeal regarding whether debt was due to guarantor under Finnish Guarantee Law.
Finland (FI)
Legislator summary
AI generatedThe Supreme Court dismissed the appeal against the lower court's decision that the debt was not due to the guarantor. The guarantor argued the debt had not matured, while the creditor claimed it was payable. The court ruled that the debt remained due based on the specific terms of the guarantee agreement and applicable law.
Legislator headnote
AI generatedSection 1 of the Guarantee Act 1969; Section 10 of the Guarantee Act 1969: A guarantee becomes due only when the principal debt is due and the conditions for the guarantor's liability are met.
Keywords
AI generated
guarantee law
guarantor liability
debt maturity
principal debt
Finnish Guarantee Act
supreme court appeal
conditional obligation
Cited Legislation
AI generatedSection 1 of the Guarantee Act 1969
Section 10 of the Guarantee Act 1969
Related Decisions
AI generatedkko-precedent_1991_151
Guarantor liable for new loan guarantees not explicitly covered by original guarantee contract terms.
kko-other_1995_903
Supreme Court held that a guarantee debt matures immediately upon the bank's written demand for payment.
kko-other_1997_2064
Supreme Court dismisses appeal regarding binding force of bank guarantee signed outside open bank account.
kko-precedent_1993_167
Supreme Court allows return of payment for expired bill when bank failed to prove claim under bill of exchange law.
kko-precedent_1995_144
Supreme Court allows bank claim against borrower for debt arising from a fraudulent loan scheme. The court held that the bank's knowledge of the fraud made the claim not contrary to good faith.
Full text
Kysymys siitä, oliko velka eräännytetty takaajaan nähden maksettavaksi.