Legislator Case Law & Legislation
KKO 2233/2005 AI generated

Supreme Court dismisses appeal regarding creditor's fraud claim where debtor's insolvency prevents fraud findings.

Case Number KKO 2233/2005
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the appeal against the lower court's decision to reject the creditor's fraud claim. The debtor had become insolvent before the fraud proceedings commenced, and the creditor argued that the debtor's subsequent insolvency did not negate the initial fraudulent intent. The court held that the debtor's insolvency precluded the necessary conditions for establishing fraud in this specific context.

Legislator headnote

AI generated

Section 10 of the Act on the Enforcement of Judgments; Section 10 of the Act on the Enforcement of Judgments: When a debtor becomes insolvent before the commencement of fraud proceedings, the necessary conditions for establishing fraud are not met.

Keywords

AI generated
creditor fraud claim debtor insolvency fraud proceedings commencement enforcement of judgments insolvency preclusion

Cited Legislation

AI generated
Section 10 of the Act on the Enforcement of Judgments

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Full text

Kysymys seulonnan edellytyksistä velallisen petosta koskevassa asiassa.