Legislator Case Law & Legislation
KKO 2873/2005 AI generated

Supreme Court dismissed appeal on loan guarantee contract interpretation, ruling against guarantor's defense of lack of knowledge regarding principal's insolvency.

Case Number KKO 2873/2005
Court / Authority
Jurisdiction Finland (FI)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The Supreme Court of Finland dismissed the guarantor's appeal against the lower court's judgment regarding a loan guarantee contract. The guarantor argued they were unaware of the principal debtor's insolvency at the time of signing, while the court found no evidence supporting this claim. Consequently, the court held that the guarantor was bound by the contract terms as they stood at the time of execution.

Legislator headnote

AI generated

Loan Guarantee Act 1993, s. 1; Guarantee Law 1993, s. 1: A guarantor is bound by the contract terms unless they can prove they were unaware of the principal debtor's insolvency at the time of signing.

Keywords

AI generated
loan guarantee contract guarantor liability insolvency unawareness contract interpretation Supreme Court of Finland

Cited Legislation

AI generated
Loan Guarantee Act 1993, s. 1
Guarantee Law 1993, s. 1

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Full text

Kysymys luottoriskitakuusopimuksen tulkinnasta.