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The Law On The Right Of A Trader To Sell Not Collected Left An Object

Original Language Title: Laki elinkeinonharjoittajan oikeudesta myydä noutamatta jätetty esine

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Law on the right of the trader to sell without retrievas

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1

A trader who, in his business activity, has received a second object in order to carry out work on it or to maintain it, shall not sell the item that has been lodged in the manner provided for in this Act. The same shall apply to the item prepared by the trader, if the farmer has provided an essential part of the labels.

If the owner of the article is declared bankrupt, the bankruptcy law (120/2004) Provisions. (20.2.2004)

ARTICLE 2

The condition that differs from the provisions of this law to the detriment of the consumer who ordered work or storage is ineffective.

ARTICLE 3

The object which has not been collected shall be sold if:

1) the mandate has been executed or the contract has ceased to be valid;

(2) the subscriber has subsequently been informed that the object may be sold, unless it is collected over a given period of at least three months; and

3) the period specified in the notification has elapsed.

If the work or custody of the trader is due to the status of the subscriber, the declaration shall indicate the amount of the claim.

A rapidly perishable item may be sold for non-compliance with the deadline provided for in paragraph 1 (2).

§ 4

If the trader knows that a person other than the subscriber owns an object or a holding or holding a right to an object, the object may be sold only if the owner or the holder of the holding or holding court is in good time before the Sold for sale and any amount of any claim. Where a public authority keeps a register of ownership or holding rights or a pledge, the trader shall take that information from the relevant registration authority or a public document containing such information.

The provisions laid down in paragraph 1 shall not apply to the obligation of the trader to take a decision on the application of the (264/84) The lien on the lien established by the company attachment.

§ 5

Articles 3 and 4 shall not be sold if the object has nothing to say about the value of the sale. A year has elapsed since the execution of the contract or the termination of the contract.

ARTICLE 6

If an object does not have a sale value and the conditions of sale exist, the trader may, instead of selling, dispose of the item in the manner that he considers best.

§ 7

Where a case is pending before a court, arbitration or a consumer complaint committee, any dispute relating to the criterion or quantity of the trader's claim, or any dispute concerning the condition of sale, shall not be sold, except as referred to in Article 3 (3) Case, before a reasonable period has elapsed since the matter has been settled.

§ 8

In the case of sale, account shall also be taken of the interests of the subscriber and the person referred to in Article 4.

If the object is sold by auction, the subscriber and the person referred to in Article 4 in good time before it shall be informed of the time and place of the auction. However, the notification need not be made if the object is sold in accordance with Article 3 (3) or Article 5.

§ 9

The notification to the subscriber and the person referred to in Article 4 shall be deemed to have been made when, in a registered letter, it was sent to the address given by the subscriber or otherwise known by the trader.

ARTICLE 10

If the work or custody of the trader is due to the subscriber, he shall be entitled to take this as well as the compensation for the selling price. If the object has been followed in the manner provided for in Article 6, the value corresponding to the value of the article shall be deducted from the trader's claim.

If the sales price minus the amount of the claim and the selling costs are at least EUR 8, the trader shall, without delay, send the surplus to the subscriber in so far as it is not to be paid to someone in which the trader is entitled to: Before the subscriber gets paid for the surplus. In some cases, the deposit of the fee to the county council is laid down separately. (9.11.2001/965)

The amount provided for in paragraph 2 may be revised by the State Council Regulation in line with the change in the value of money. (9.11.2001/965)

ARTICLE 11

If, intentionally or negligently, the trader fails to comply with this law, he shall be liable for any damage caused to the subscriber or to the person referred to in Article 4.

ARTICLE 12

This Act shall enter into force on 1 January 1989.

This law repeals the Law of 20 June 1952 on the right of the craftsman to sell (259/52) . However, the repeal of the law shall apply where the craftsman has entered into an agreement before the entry into force of this Act on a work on another object.

HE 1/88, Ivhms. 8/88, svk.M. 70/88

Entry into force and application of amending acts:

9.11.2001/965:

This Act shall enter into force on 1 January 2002.

The goods sold before the law enters into force shall be subject to the provisions in force at the time of entry into force of the law.

THEY 103/2001 , LaVM 19/2001, EV 119/2001

20.2.2004:

This Act shall enter into force on 1 September 2004.

THEY 26/2003 , LaVM 6/2003, EV 113/2003