Law The Hire-Purchase Store

Original Language Title: Laki osamaksukaupasta

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1966/19660091

In accordance with the decision of Parliament: for the purposes of this law, section 1 of the hire-purchase by a movable object according to the price of the agreement on trade, which is carried out by means of instalments, one or more of which is due after the object has been handed over to the buyer, and where the seller has reserved the right to object, either, if the buyer fails to back him, the fulfilment of the obligation arising from the contract or the ownership of the object until either the whole price or at least some of those very payments that will be due for release after the object has been completed.
If the purpose of the agreement is that the object has been disposed of, it is the future of its owner, it is the provisions of this Act apply, even if the agreement should be called as such in the contract or lease or other payment as compensation for the use of the object.
The aggregate amount of the payments, which the buyer is to be carried out according to the agreement, shall be appointed in the law the hire-purchase price. Payment batch does not include any of the buyer's interest rate or premium to be paid separately.


1. (a) section (27th/749) this law does not apply to hire-purchase, the seller, the purchaser, the supplier and the consumer, which is.


section 1 (b), (27th/749) if the object of the marketing of the hire-purchase terms and price, it is at the same time be informed of the cash price, hire-purchase price, the number of payments and the length of the period for payment. If the trader promotes the objects of different terms, may be information to inform the trader in accordance with the terms of the normal offered by hire-purchase as an example.
Just hire purchase for the purposes of subparagraph (1) shall not be considered to reference the object in markkinointina hire purchase terms.


1 (c) of section (27th/749), the hire-purchase contract shall be made in writing, it must be dated, and the buyer to the seller or his representative, and shall be signed by the purchaser, shall provide a copy of it..
Hire-purchase agreement shall include: 1) information on the Contracting Parties;
2) information marketing from and its delivery;
3 the information relating to the payment of the price and it);
4) information about the competent authority to hire-purchase to make.
Hire-purchase agreement with regard to the information provided in more detail by the State by means of a Council regulation. The seller does not have the right to charge the purchaser interest or fees, hire-purchase, on the basis of which, in the absence of agreement the agreement referred to in paragraph 1, unless the buyer's obligation to pay, subject to the provisions of this Act relating to the failure.
If the buyers have a number and at least one of them is a consumer, the agreement is to be followed, what consumer protection Act (38/1978), Chapter 7.


§ 2 When the buyer has failed to pay its obligations, let the seller as a result, be entitled to take the item back or require payment, which, by the way, is not due in accordance with the entry into force of the Treaty, or may change the specific penalty, unless the outstanding quantity has not been without a minimum of fourteen days from the date of maturity and continue to be outstanding, and this amount is not less than one-tenth of the or, if it contains two or more items , at least one twentieth of the hire-purchase price, or to understand the size of the residual claim of the seller.
The seller is not the end of the period referred to in subparagraph (1) the right of the entry into force of the penalty referred to in spite of it, if it should be considered as unreasonable, therefore, that the delay in the execution of the payment, which is due to the difficulties of the buyer of the illness, unemployment or other special circumstance, the reason mainly omatta through no fault of the buyer, has had to face, and before the item will be taken back, the amount of interest and make a request for asylum lodged to replace delay.

(3) repealed by L:lla 27 August 2010/749.



§ 3 When the seller wants to take the object in the back, is his and the benefit of the buyer on the buyer's account between the value of the object to be read back. The value provided for, depending on what the seller can be expected to be, when the object is sold in an appropriate manner, and, where appropriate, in moderation after repair. It is, however, also be taken into account when determining the value of the agreement mentioned in the cash price, and how long it has been in the management of the buyer and how it has been taken care of. (23.5.1986/386)
The seller is settled: 1) outstanding payments, which according to the agreement, are due for an object back when;
2) such a large part of the other without the payment of lots, as the cash price is a hire-purchase price;
3) interest rate, as well as credit insurance, which the seller can require and which are not included in the hire-purchase price;
4. the costs of the seller caused by the object) to take back; as well as 5) when the buyer's right to object is dependent on the fact that he pays to the seller to repair the item or compensation from the rest of the measure, the kind of compensation to get on.
When it is obvious that the agreement marked the cash price is higher than the price for which the seller would be when the contract is concluded, sold a lower purchase price in the form of cash, the object is to use the cash price of the calculation referred to in paragraph 2. (29.12.1972/893) 4 L:lla 27 August 2010/749 is repealed.



section 4 (27th/749) If the value of the Declaration of the object has been detected is higher than the amount which, according to article 3 must be read to the seller, the seller does not have the right to get the object back, unless he run to the buyer or, when a bailiff has submitted an assessment of an article, the difference between the deposit of this over '.
When the value of the object is less than the quantity that is to be read to the seller, the seller does not have the right to require the addition of an article any more than the difference between the two.


section 5: When the seller has called for the object in the back, it is the duty of the buyer, instead of the agreed payment, the amount of which at one time and run it to the seller according to article 3, is to be read; and not by the buyer in the case to keep the article.
If the seller has taken of the object in the back, is the purchaser entitled to within fourteen days after the purchaser wishes to redeem them. When to use this right, is her within the said time limit for the seller to be carried out, where the object is estimated to recover it when taking the difference, as well as the fact, which the seller according to article 4 (2).
When the buyer in the case referred to in subparagraph (1), other than that he will advance to meet payment obligations, is he entitled to do so. In this case, the seller must be calculated on the basis of the criteria referred to in article 3; However, if the payment will take place in the intervening period as stipulated in the agreement, one day, to maturity, it mainly is due to the payment made to the seller, vähentämättömänä to be read.

4 L:lla 27 August 2010/749 is repealed.



section 6 of the trade while at the same time we have sold a number of objects and the hire-purchase, the seller wants to take them back, it is the purchaser entitled to keep any objects by running their values to the seller or, if the goods have already been taken back, within fourteen days after the claims they said. The seller according to article 4 (2) may also be carried out in the future is for him.
What is provided for in the first paragraph, above, shall not, if they are objects, which the buyer wants to keep or redeem, in the context of the other, in that their value due to the separation of considerably less.


section 7 of the hire purchase term associated with the mediation will be valid, what varallisuusoikeudellisista of the Act (228/29) is provided. (17.12.1982 of 958)
The condition that the buyer's right to object is dependent on the purchaser meets the other than so far, the issue of trade in the hire-purchase obligation to him, is ineffective, if the condition does not mean compensation to repair the item or from the rest of the measure.
What is said in paragraph 2, shall also be valid for the condition, according to which the amount is to be deducted by the purchaser of the first of a seller's claim, which is not based on the hire-purchase in question.


section 8 where provision is made for any failure by the purchaser's obligation to him for that, too, is now before the fee items, which, incidentally, have not yet fallen due, is immediately carried out, and if the seller on the basis of the price or size of a greater part of it as sanotunlaisetta määräyksettä would be the calculation of the claim of the seller, respectively, is due to be applied to what is provided for in article 3.

2 this article is repealed by L:lla 27 August 2010/749.



section 9 (27th/749) where the contract is concluded in section 1 (c) and in the manner provided for in paragraph 2, the seller has the right to seek the assistance of the location of the place of employment in order to take an object or an object back to the buyer's place of residence or seat of the ulosottomieheltä.
In order to obtain an application for assistance shall be made in writing. It has to be stated, the number of hire-purchase price is omitted, as well as, if the seller requires the payment of insurance indemnity or the interest rate, the first subparagraph of article 3(2) of the compensation referred to in paragraph 5, the quantities of these requirements. The application shall be accompanied by the original of a certified copy of the contract and its.
The assistance of the bailiff's applies, mutatis mutandis, to a natural person who, what (705/2007), Chapter 3, 33 and 34 of the vireilletuloilmoituksesta, as well as the invitation.


section 10 (27th/749)


The assistance will be provided only if it is obvious, that the charge has been delayed, as provided for in subparagraph (1) of section 2 of the way or that the purchaser has otherwise failed to fulfil the obligation which it fulfils a vital role for the seller.
The assistance shall not be given if the buyer may likely, that he has the right to withhold payment of the seller's non-conforming due to the execution of the transaction price.


section 11 where it is found, when assistance is requested as a result of negligence, the obligation to pay the payment delay is apparently due to the fact that the buyer of the illness, unemployment or other special reasons, mainly the omatta syyttään is a victim of payment difficulties, the quality of which can be assumed to be temporary, the bailiff may, if the seller's right to object is not compromised or otherwise unreasonably violated his right to delay the official aid to a maximum of four months from the date on which the assistance is requested. The bailiff may impose certain requirements in respect of the subject appear to impose a moratorium and its peruutuvaksi.


section 12, unless otherwise agreed between the seller and the buyer to fit the Bill of discharge referred to in paragraph 3 of article 9 of the Bill, shall: (1) intended for the bailiff.
When the bailiff to give assistance in order to take an object back, is between the buyer and seller in his forward to the settlement.
The bailiff shall inform the parties of the settlement referred to in paragraph 1 and 2 of the time and place so early, that they can control the interest calculation. The provisions of paragraphs 1 and 2 shall be referred to in the Protocol. The bailiff shall, if necessary, to use in the assessment of an article accompanied by experts. The cost of delivery is to be carried out in advance of the applicant, if required to do so by a bailiff. (by judgment of 22/199) section 13 (by judgment of 22/199) of the bailiff under this Act, of any fact or decision of the action carried out by the implementation of the dispute, the processing uses cookies auto-correction of the Court and the suspension of the implementation of the action or decision, as well as the appeal is, if otherwise provided for in this law, respectively, in effect, what the Enforcement Act, Chapter 9 and 10. Final settlement may be Enforcement Act, Chapter 9, section 1, under adjust only with the agreement of the parties. The time limit for the seller as well as buyer that the Bill of valittamiselle shall be calculated as from the date on which the decision of the information was received by the party concerned. On behalf of the public authorities to send a bailiff is a settlement in accordance with the notification of the person concerned, the Protocol Enforcement Act, which has not been settled. The implementation of the Bill dispute, that a buyer or seller is initiated after the final settlement cannot be examined.

UlosottoL 37/1895 Ulosottokaarella 705/2007 is repealed. See Ulosottokaari 705/2007 10 and 11.



Article 14, article 10 and article 11, shall apply by analogy to the implementation of the judgment, that the buyer is obliged to hand over the hire-purchase trade and sold back to the seller. (23.5.1986/386)
The Bill, if an object back when the judgment is not otherwise provided, apply the provisions of article 12. (by judgment of 22/201), section 15, of the 9 to 14 above, as referred to in article is, if this law is not otherwise provided, including, where appropriate, valid, what specifically is provided for the supply of ulosottoasioissa.


section 16 of the Bailiff (27.6.2003/687) to make the settlement of the claim based on the Bill not be siezed without a court, subject to appeal, the Bill under the Protocol on the implementation of the final judgment in the order provided for in the interest Act (633/1982) mukaisine, together with interest from the date of the settlement, if the Protocol is specified in the application for the party in respect of the interest by virtue of the settlement. In this case, however, the buyer must be carried out primarily in accordance with the first subparagraph of article 4 of the deposit. If the settlement is not final, the settlement of a claim based on the ulosmittaamisesta is valid, what enforcement Act, Chapter 2, section 5.

UlosottoL 37/1895 Ulosottokaarella 705/2007 is repealed. See section 4 of the KorkoL 633/1982 and Ulosottokaari 705/2007 2 Chapter 5 section.



section 17 of the hire purchase receipt based on the ulosmitattako of an object is to be.
Notwithstanding the provisions of subsection 1, it is said, can be an object to target Enforcement Act, Chapter 7 of this measure, if the seller wants to take the artifact back; and shall be deemed to have been met in this case, the assistance from pyytämisellä, what is called Chapter 11 proceedings provided for in article is a.

UlosottoL 37/1895 Ulosottokaarella 705/2007 is repealed. Ulosottokaari 705/2007 Chapter 8.



section 18 (8 June 2006/473) If the object of the buyer other than hire purchase, based on the will of the debt, the bailiff shall comply with this Act, the settlement between the seller and the buyer. These must be given to the bailiff for the necessary information.
Be valid as the applicant, which has not received the full performance of the saatavastaan, has the same right as the buyer complain about bailiff's decision or action in response to the procedure for the delivery of the drive in accordance with article 13.


Article 19 if the buyer when the contract is concluded on or after the case, that he will lose sight of her contract obligation, given up any right or interest which under the law is to come to him, this is, however, comply with the provisions of this Act.


19 (a) in the section (27th/749), section 19 (a) repealed by L:lla 27 August 2010/749.


section 20 of This Act shall enter into force on 1 June 1966, and the vähittäismaksukaupasta shall be repealed on 30 November 1933 Act (296/33). Hire purchase transactions made prior to the date of entry into force of the law is, however, subject to an earlier, if not otherwise stated below.
What the new article 7 of the law, under hire purchase, sovittelemisesta or a condition attached to a failure to take into account, is to be followed in such cases, where such a condition is invoked only after the entry into force of the law.
From 11 to 13 of the new law, article 14 paragraph 1 of the article, where reference is made to article 11, section 14, subsection 2, the provisions of section 15 and 17 shall also apply to the entry into force of the laws of the hire-purchase transactions made before.

The change of the date of entry into force and the application of the acts: 29.12.1972/893: this law shall enter into force on 1 July 1973. Hire-purchase agreements entered into before the entry into force of this law, shall, however, be subject to the previous law.




17.12.1982 of 958: this law shall enter into force on 1 January 1983. It shall apply from the entry into force of law carried out prior to the hire-purchase transactions.
THEY 247/81, lvk. Mrs. 6/82, svk. Mrs. 136/82 23.5.1986/386: this law shall enter into force on 1 January 1987.
This law shall apply to contracts concluded after the date of its entry into force. Section 10(3) of the Act, however, also applies when the contract has been concluded before the entry into force of the law.
THEY'RE 88/85, tvk. Mrs. 1/86, svk. Mrs. 17/86 8.1.1993/86: this law comes into force at the time of the decreed. ((L) 86/93, in accordance with the entry into force of the fire Of 1473/93 from 1 January 1994.)
This law shall apply to contracts concluded after the date of its entry into force.
THEY 238/92, TaVM 48/92 by judgment of 22/199: this law shall enter into force on 1 December 1996.
Transitional provisions for the application of the law.
THEY'RE 106/95, 15/96, LaVM EV 4/96 27.6.2003/687: this law shall enter into force on 1 March 2004.
Before the entry into force of this law shall apply to the proceedings and of the birth of the matter at the time of entry into force of the laws of the place of the provisions in force.
THEY 216/2001, LaVM 34/2002 RSV 305/2002 of 8 June 2006/473: this law shall enter into force on 1 January 2007.
In accordance with the law shall be applied, mutatis mutandis, to amend the law, what enforcement Act (452/2006)-the date of entry into force and transitional provision 10 provides.
THEY LaVM 5/13/2005, 2006, EV 40/2006, 27 August 2010/749: this law shall enter into force on 1 December 2010.
Contracts concluded prior to the entry into force of this law shall apply to the entry into force of this law, the provisions in force.
THEY'RE 24/10/2010, 2010, TaVM EV 89/2010 of the European Parliament and of the Council Directive 2008/48/EC (308L0048); OJ No l L 133, 22 May 2008, p. 66, of the European Parliament and of the Council directive 2009/22/EC (309L0022); OJ No l L 110, 1.5.2009, p. 30