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The Rate Law

Original Language Title: Korkolaki

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Korkolaki

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In accordance with the decision of the Parliament:

ARTICLE 1
Scope

The interest payable to the money debt is laid down in this Act.

This law shall not apply to:

(1) debt ratios arising from a public-law basis, unless otherwise provided for by law; (28.3.2010)

(2) transport insurance, patient insurance, statutory accident insurance or statutory pension insurance, and the benefit of the employee's group life insurance or the corresponding municipal pension institution; (19.11.1993/974)

(3) periodic payment of maintenance obligations established for the purpose of executing a marriage law (234/1929) , or the municipality's retroactive claim based on the maintenance claim law (1998) Support for maintenance paid to the child; and (21/08/98)

(4) the return received for consideration or benefit when the contract is terminated or the benefit is unfounded, in so far as the question is the payment of interest for the period prior to the maturity date of the debt.

(16,1983/98)

Maintenance period 671/1998 Has been repealed by Maintenance Support 580/2008 . See also the marriage law 234/1929 Chapter 4 .

ARTICLE 2 (15/03/2015)
Willowness

The obligation to pay interest shall be determined by this law, subject to the condition of the debtor or the manner of trade, or otherwise provided.

Where the debtor's undertaking relates to an agreement between the trader and the consumer relating to consumer credit or other consumer goods, or to an agreement on the basis of which the debtor is buying or renting a dwelling Or for members of their families, the undertaking is ineffective in so far as the debtor is liable to pay more default interest than those provided for in Articles 4 to 11. If, in such cases, the debtor is committed, in the event of a delay, or in addition to the payment of a commission, commission or similar payment, the undertaking is ineffectual in so far as the default interest rate and the amount of the The aggregate amount exceeds the interest rate calculated in accordance with Articles 4 to 11.

ARTICLE 3 (2002/340)
Interest payable on debt

The debtor is not obliged to pay interest for the period prior to the maturity of the debt.

However, if the interest rate has been agreed to the interest rate, the debtor shall pay the annual rate in accordance with the reference rate referred to in Article 12.

§ 4 (6.11.2009/86)
Amounts of interest on the delay

In the event of a delay in the payment of the debt, the debtor shall pay an annual interest rate of late payment, which is seven percentage points higher than the reference rate referred to in Article 12.

If the interest rate charged under paragraph 1 is lower than the interest payable for the period preceding the maturity date, the interest on late payment shall be paid according to the same criterion as before the due date. However, where a debtor's undertaking relates to a consumer credit agreement or any other agreement within the meaning of Article 2 (2), the interest on late payment shall be paid on the same basis as before the maturity of 180 days of the date on which the debt is owed As a whole, due. If the Court of Justice judgment is delivered before the end of that period, the interest shall be paid on the same basis as before the due date for the judgment.

§ 4a (18.1.2015)
Amounts of interest in commercial agreements

If the delay concerns the law on the payment terms of commercial contracts (30/2013) , the debtor shall pay an annual interest rate of late payment, which is eight percentage points higher than the reference rate referred to in Article 12 of this Act.

If the interest rate charged under paragraph 1 is lower than the interest payable for the period preceding the maturity date, the interest on late payment shall be paid according to the same criterion as before the due date.

§ 5
Interest rate on the debt whose maturity is fixed

If the maturity date of the debt is legally binding, the default interest shall be due from the due date.

The accounting officer or other liability shall be remunerated at the date of the accounting day. If no account has been taken in the right time, default interest shall be paid from the date on which it had been completed at the latest.

ARTICLE 6 (2002/340)
Interest rate on a debt whose maturity is not fixed

In the absence of a predetermined date of maturity, interest on late payment shall be payable from the date of 30 days after the date on which the creditor sent the invoice or otherwise required the payment of a specified amount of money. However, the debtor is not obliged to pay any interest on late payment before the invoice or demand reaches him.

Where the liability referred to in Article 2 (2) is incurred, the invoice or any other payment claim shall indicate the amount of the interest rate in force at that time and the date on which the default interest rate must be paid. The debtor is not obliged to pay interest on late payment from the period before he has received information on interest on late payment from the creditor.

§ 7 (2002/340)
Interest rate on the liability liability

For the purpose of compensation or similar debt, the amount and criterion of which requires a specific statement, the interest on late payment shall be payable from the date of 30 days from the date on which the creditor made his claim and the The statement of reasons and the amount of the compensation that may reasonably be required of him, having regard also to the debtor's ability to obtain an explanation. However, if the report is to be regarded as insufficient only in respect of the amount of the debt, the interest on late payment must be paid to the amount of the debt that can reasonably be considered.

The period of payment of the insurer's obligation to pay is governed by the provisions of (543/1994) Article 70 .

§ 8
Interest rate on the compensation of damage caused by intentional crime

In order to compensate for the damage caused by a criminal offence, interest on late payment shall be payable from the time of the event.

§ 9 (2002/340)
Starting date of the obligation to pay interest in some cases

However, in the cases referred to in Articles 6 and 7, interest on late payment shall be paid no later than the date on which the liability for payment of the debt was served on the debtor or, if the claim is presented during the proceedings, its presentation Including.

ARTICLE 10
Exemption criteria

Since the debt has not been paid in the right time due to the creditor, the debtor is not obliged, after the maturity date, to pay interest over a longer period than the date on which the obstacle to the debtor has ceased.

In the event of a delay in payment due to a provision of the law or in the event of a disruption of public transport or payment traffic, or any other force majeure such as force majeure, the debtor shall be obliged to pay only: The interest payable by him for the period prior to the maturity of the payment.

ARTICLE 11 (2002/340)
Mediation of the delay interest rate

The interest rate may be adjusted if the debtor is a natural person and the debt is not linked to the business activities of the debtor. Mediation shall be conditional upon:

(1) the late payment has been due to payment difficulties which have been caused by the debtor, due to illness, unemployment or other specific circumstances;

(2) there is a pressing need for mediation, taking into account the amount of interest for late payment in relation to the financial position of the debtor, and the delay in payment is not due to the apparent low-debt attitude of the debtor or the payment of debts; or

(3) the debtor shall be deemed to have been justified in refusing to pay the debt.

Pursuant to paragraph 1 (2), the interest rate may also be adjusted in the case of a previously established judgment.

ARTICLE 12 (2002/340)
Reference rate

The reference rate referred to in this Act shall be the rate applied by the European Central Bank to the most recent main refinancing operation of the European Central Bank prior to the first calendar day of each six-month period, rounded up to the nearest percentage point. The reference rate in force on the first calendar day of that six-month period shall apply for the next six months.

Article 12a (18.1.2015)
Notification of fixing the reference rate

The Bank of Finland shall, without delay, publish a notice of the reference rate referred to in Article 12 and its term of validity in Finland's legal collection. The notification shall also include the amount of interest on late payments referred to in Article 4 (1) and Article 4a (1).

ARTICLE 13
Entry into force

This Act shall enter into force on 1 January 1983. It repeals sections 8 and 10 of Chapter 9 of the Arc. However, the law does not apply to a commitment made before the entry into force of the law to pay the interest and not to the payment which, at the time of the entry into force of the law, had been delayed.

Where the law or regulation has referred to a provision which has become a provision of this law, the latter shall apply.

Before the entry into force of the law, a notification corresponding to the notification referred to in Article 12 (1) shall be published.

HE 109/81, Ivhms. 4/82, family members. 106/82

Entry into force and application of amending acts:

16.12.1983:

This Act shall enter into force on 1 January 1984.

This Act shall not apply to:

(1) before the entry into force of this Act, by agreement, undertaking or by a decision of the court to pay interest; and

(2) the obligation to pay default interest for the period prior to the entry into force of this Act.

Where, before the entry into force of this Act or by a decision of the Court of Justice, there is no interest rate payable on periodic payments, the application shall be required for payment of interest, which shall be initiated within one year of the date of application of this Act. Entry into force.

Government proposal 64/83, Lakicommittees. Three-eighths, grand committee. Miet. 96/83

19.11.1993/974:

This Act shall enter into force on 1 January 1994.

THEY 147/93 , StVM 21/93

28.6.1994/544:

This Act shall enter into force on 1 July 1995.

THEY 114/93 , TaVM 17/93

3.3.1995/284:

This Act shall enter into force on 1 May 1995.

The commitment made before the entry into force of this Act on the payment of interest and the payment which has been delayed at the time of entry into force of this Act shall apply to the provisions in force at the time of entry into force of this Act.

Before the entry into force of this Act, the Bank of Finland may, in accordance with Article 12a and in accordance with Article 12a, publish the reference rate established by the Bank of Finland so that interest rates are applied from the date of entry into force of the law. The reference rate for the first year shall be fixed one month before the end of the three-month calendar month at the end of the calendar month following the entry into force of the law.

THEY 292/94 , TaVM 58/94

21.8.1998/675:

This Act shall enter into force on 1 January 1999.

THEY 128/1997 , LaVM 4/1998, EV 83/1998

18.12.1998-99:

This Act shall enter into force on 1 January 1999.

The rest of the reference rate fixed by the Bank of Finland shall apply to the reference rate established by the Ministry after the entry into force of this Act.

THEY 176/1998 , TaVM 27/1998, EV 200/1998

3.5.2002/340:

This Act shall enter into force on 1 July 2002.

2. This Act shall apply to the interest of late payment after the entry into force of this Act, even if the legal basis of the debt has been established before the entry into force of this Act.

3. In the case pending at the date of entry into force of this Act, the court or tribunal shall, acting on its own motion, confirm the interest on the date of entry into force of the law, including the date of entry into force of the law, in accordance with Article 4 (1) at the latest, unless the creditor has A statement that the higher interest rate is based on a commitment related to a debt other than that referred to in Article 2 (2), or is based on Article 4 (2). A member of staff with a law on the law of the district court (581/1993) , may also give a ruling on the refusal of the creditor's application for interest on late payment as a result of the above.

4. If the judgment or other enforcement order has been issued before the entry into force of this Act, the interest on late payment shall be determined by the exit criterion. However, on the date of entry into force of the law, a natural person shall be obliged to pay the interest for late payment within the meaning of Article 4 (1), unless the creditor has claimed interest on late payment in accordance with the exit criterion and has submitted a statement that: The higher interest rate on the delay is based on a commitment related to a debt other than that referred to in Article 2 (2) or is based on Article 4 (2). The creditor shall present the above requirement and report to the bailiff within one year of the entry into force of this Act. The claim may be lodged in the application for enforcement or in the case of enforcement already pending. The bailiff must make a statement on the decision on interest on late payment.

5. In accordance with Article 11 of this Act, it is possible to reconcile the interest of a natural person with interest in late payment, based on the debt incurred before the entry into force of this Act, irrespective of the grounds for that debt. The interest on late payment by the debtor may be taken into account in the conciliation procedure, but the performance cannot be ordered to be returned.

6. If other legislation refers to: Article 4 of the Corinth Act Paragraph 3 shall be replaced by the following: Article 4 of the Corinth Act Paragraph 1. Interest rate or other interest rate which is determined by other legislation, provision or contract Article 3 of the Corinth Act The reference rate established by the Ministry referred to in paragraph 2 or the reference rate established by the Bank of Finland shall be determined on the basis of the reference rate referred to in Article 12 after the entry into force of this law.

THEY 232/2001 , TaVM 3/2002, EV 36/2002, European Parliament and Council Directive 2000 /35/EC (300L0035); OJ L 200, 8.8.2000, p. 35

6.11.2009/8:

This Act shall enter into force on 1 February 2010.

A debt whose legal basis was born before the entry into force of this Act shall be governed by the provisions in force at the entry into force of this Act.

THEY 64/2009 , TaVM 13/2009, EV 132/2009

18 JANUARY 2011:

This Act shall enter into force on 16 March 2013.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 57/2012 , LaVM 14/2012, EV 126/2012

15/03/209:

This Act shall enter into force on 1 June 2013.

Pending the entry into force of this Act, the provisions in force at the time of entry into force of this Act shall apply.

THEY 78/2012 , TaVM 15/2012, EV 3/2013

28.3.2014/271:

This Act shall enter into force on 1 September 2014.

THEY 209/2013 , HVM 1/2014, EV 5/2014