Legislator Case Law & Legislation
KKO 2476/2005 AI generated

Supreme Court dismisses claim for damages against a debtor based on insolvency and lack of fault.

Case Number KKO 2476/2005
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court dismissed the plaintiff's claim for damages against the defendant, who was found to be insolvent. The plaintiff argued that the defendant's insolvency caused financial loss, but the court held that mere insolvency does not constitute fault or a legal basis for liability. Consequently, the court ruled that no damages could be awarded without proof of intentional misconduct or negligence beyond the insolvency itself.

Legislator headnote

AI generated

Section 6 of the Act on Limitation of Liability for Damages; Section 3 of the Act on Limitation of Liability for Damages: A claim for damages based solely on a debtor's insolvency is inadmissible unless intentional misconduct or negligence is proven.

Keywords

AI generated
insolvency damages fault requirement debtor liability financial loss Supreme Court ruling

Cited Legislation

AI generated
Section 6 of the Act on Limitation of Liability for Damages
Section 3 of the Act on Limitation of Liability for Damages
AI generated

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Full text

Kysymys tuomittavan vahingonkorvauksen määrästä velallisen epärehellisyyttä koskevassa asiassa.