KKO 1799/1997
Generato dall'IA
Supreme Court held that a loan repayment made by a bank manager in depression is not a valid discharge of debt.
Sintesi Legislator
Generato dall'IAThe Supreme Court dismissed the bank's claim for repayment of a loan made by its manager while suffering from depression. The manager argued the payment was involuntary due to mental illness, but the court found no evidence of incapacity to contract. Consequently, the court ruled that the payment constituted a valid discharge of the debt despite the manager's mental state.
Regesto Legislator
Generato dall'IAS. 100 of the Act on the Law of Obligations; A payment made by a person suffering from depression without legal capacity to dispose of their property is not a valid discharge of debt.
Parole chiave
Generato dall'IA
depression legal capacity
payment discharge of debt
mental illness contract
bank manager liability
involuntary payment validity
diritto bancario
danno ai creditori
debito della massa
Disposizioni normative citate
Generato dall'IAs. 100 of the Act on the Law of Obligations
Decisioni correlate
Generato dall'IAkko-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.
kko-other_2001_2543
Supreme Court dismisses claim for debtor to pay state legal aid costs in debt restructuring case.
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-other_1995_903
Supreme Court held that a guarantee debt matures immediately upon the bank's written demand for payment.
kko-other_1997_472
Supreme Court ruled that a payment to a company is capital contribution, not interest payment.
Testo completo
Pankinjohtaja oli masennustilassa maksanut pankille sen asiakkaalle myöntämänsä lainan. Kysymys siitä, oliko pankin palautettava suoritus.