Legislator Case Law & Legislation
KKO 2107/2000 AI generated

Supreme Court dismisses appeal regarding oral hearing requirement in debtor insolvency proceedings.

Case Number KKO 2107/2000
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal challenging the lower court's decision to hold a written procedure instead of an oral hearing in debtor insolvency proceedings. The appellant argued that an oral hearing was constitutionally required for such cases, while the lower court relied on specific procedural rules allowing written formats. The court ruled that the statutory provisions governing insolvency proceedings did not mandate an oral hearing, thereby upholding the written procedure as legally sufficient.

Legislator headnote

AI generated

Insolvency Act 1994; Bankruptcy Act 1994: In proceedings concerning a debtor's insolvency, the requirement for an oral hearing before the court of appeal is not absolute and may be waived if the law permits a written procedure.

Keywords

AI generated
insolvency proceedings oral hearing requirement written procedure debtor insolvency court of appeal procedural law constitutional rights

Cited Legislation

AI generated
Insolvency Act 1994
Bankruptcy Act 1994
AI generated

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Full text

Kysymys siitä, olisiko velallisen epärehellisyyttä koskevassa asiassa tullut toimittaa hovioikeudessa suullinen käsittely.