The Law Comes To The Estate

Original Language Title: Laki takaisinsaannista konkurssipesään

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Read the untranslated law here: http://www.finlex.fi/fi/laki/ajantasa/1991/19910758

In accordance with the decision of the Parliament, provides for: the scope of application of the General provisions of section 1 of Chapter 1 of the debtor's property has been handed over to the right of the debtor's assets in bankruptcy, may be the decision of the Court of Justice to order to retreat from the as specified in this law. The provisions of this law shall also apply to the procedure provided for by the law, agreement or any other action that may be deemed equivalent to a right of action, which is having an effect.

section 2 Of this Act, the date shall be the date on which the application was submitted to the bankruptcy court. If, at the same time, there have been a number of cases pending on the date of the bankruptcy, the number of applications to the date on which the application was first initiated.
The administration of the estate of the bankrupt, if the disinheritance instruments released the application, which was the number of the day within three months to impose, however, disinheritance instruments shall mean the date on which the application for determining the disinheritance instruments was. (21 July 2006/635)
If the bankruptcy of a debtor's property is transferred, on application by the undertaking reorganization Act (47/1993) when the proceedings pending the procedure or within three months of the date when the procedure is for any reason other than because of the fixing of the amount of the restructuring of the programme on the law, article 35 of the date referred to in paragraph 2. If the bankruptcy of a debtor's assets are disclosed on the application, which is made in the law on the organisation of the individual debt (57/1993) when the proceedings pending the procedure or within three months of the date of the insolvency application has been rejected or left with the old, on the date of the said law, the number of 60 days referred to in paragraph 2 of the article. (6 November 1998/797) for the purposes of paragraph 3 of this law shall be considered closely related to each other by the close of the debtor, as well as: 1) on his or her spouse;
2) his or her spouse, direct relatives, siblings, a brother and sister, and the spouse of such a person; as well as 3) him otherwise, especially close to the person.
In addition to the close to each other is considered a private trader, company or Foundation, as well as the community, other: 1) on it, which alone or in combination with significant others with a contribution or on the basis of the fundamental interests of the quasi-judicial economic point of contact with the trader, in the community or in the Foundation;
2) on the basis of the leading role it has an essential influence on the activities of the Foundation, the community or the trader; as well as 3), which is referred to in paragraphs 1 or 2.
The closeness of the relationship on the basis of paragraph 3 is not relevant, if may be probable, that it has no history of contact with legal action.

section 4 of the insolvency and over-indebtedness insolvency for the purposes of this Act, other than the fact that the debtor is temporarily is unable to pay its debts as they fall due. Ylivelkaisuudella means that the debtor's liabilities are greater than his assets.
Chapter 2, section 5 of the Act on the General takaisinsaantiperuste Takaisinsaantiperusteet recoils at the if it alone or in combination with other measures, to the detriment of the other creditors and the creditor is an popular, have been moved out of the reach of creditors or added to the creditor of the property off to the detriment of creditors. A retreat is subject to the condition that the debtor had the right to act when the insolvent or that the Act contributed to the led to the debtor's insolvency. If peräytettävänä is a gift, a condition of the contract or fragment lahjanluontoinen, backing down, however, is that the debtor had the right to act when the ylivelkainen or that the Act contributed to the led to the ylivelkaisuuteen. It is also required that the other party knew or should have known about the insolvency of the debtor or of the importance of a legal act or ylivelkaisuudesta to economic conditions as well as the facts on which the action was inappropriate.
If in the case referred to in subparagraph (1) the debtor's legal position has been a party to a close, this is considered to have been unaware of the elements referred to in the said paragraph, unless placed on the probability that he did not know and he should not have been aware of them.
If the work was earlier than five years before the due date, it recoils at the only nearby, if the debtor's main interests have been in the party.

section 6 of the rules relating to the agreement, by the gift and the gift of recoils at the lahjanluontoisen, if it is filled later than a year before the due date. A gift that is filled with this in the past but later than three years before the date of the debtor, if it recoils at the nearby and not displayed, that the debtor had a ylivelkainen and not a gift to become ylivelkaiseksi.
A gift to the promise of a gift referred to in section 6 of the law, in addition, recoils at the said legislations regard as a member of the Declaration referred to in the paragraph was not made before the due date. The gift also recoils at the time when the notification was a gift after filling: 1) if the announcement is made later than one year before the due date; or 2) if the notification is made of this in the past but later than three years before the due date and does not appear that the debtor had a gift for filling out a ylivelkainen and not a gift to become ylivelkaiseksi.
Trade, Exchange, or other agreement provides a bounty of recoils at the as 1, if, when the contract is concluded between the Contracting Parties in performance of dissonance was the extent of the obvious, that the agreement into should be kept as a gift.
Under this section may not be required for the setting aside of the gifts of the grants and the normal course, that have not been disproportionate to the financial position of the debtor.

a substantial reduction in pay, benefit, paragraph 7, of the Disproportionate amount of the premium or the rest of the payment of the benefit shall be applied to the "deemed export" benefits under the provisions of section 6 of the gift for their capitulation to the extent that the payment is manifestly disproportionate in relation to the work, what might be regarded as reasonable in the circumstances and to the other.

8 section Lahjaolettama if the debtor has been released by the läheiselleen property, or with the exchange of trade, made in this or any other contract or paid a salary, fee, or other similar benefits, and States that the transfer has taken place, free of charge, or on the basis of the performance of the agreement is to be regarded, at least in part as a gift from the mismatch between between or the receipt of any Commission or other remuneration, payment of the benefit is the quasi-judicial disproportionate to what can be, paragraph 7, of the on the basis of the agreement is considered reasonable, the transfer or payment to be considered in whole or in part, subject to be placed on the probable.

section 9 (on 8 November 2001/931) the rules relating to the partition where the debtor has waived the right to osituksessa the marriage as referred to in article 104, recoils at the tile: 1) if the partition has not been given to the magistrate before the due date;
2) if partitioning of the magistrate later than a year before the due date; or 3) if partitioning of the magistrate of this in the past but later than three years before the due date and does not appear that the debtor was not due to the partition of the partition belongs to ylivelkainen become ylivelkaiseksi.

section 9 (a) (1/14/2011/30) the rules relating to the separation of property or compensation if the debtor has waived the right to the dismantling of the law on unmarried couples yhteistalouden (26/11) as referred to in article 11, the separation of property or credit memo recoils at: 1) if the agreement on the separation of property records, or a refund or other document was not given to the magistrate before the due date;
2) if the document referred to in paragraph 1 has been given to the magistrate later than a year before the due date; or 3) if the document referred to in paragraph 1 has been the magistrate of this in the past but later than three years before the due date and does not appear that the debtor assets segregation at the time of delivery, or a refund of the transaction have been ylivelkainen and the distinction between the legal action or compensation for the property, due to become ylivelkaiseksi.

Article 10 of the rules relating to the payment of the debt on debt payment later than three months before the due date, if the debt has been paid recoils at the unusual or the amount of the assets of the estate, which prematurely or is considered to be significant. The payment does not, however, shall not be moved, if it can be considered, having regard to the circumstances of the normal. If the fee has been paid by the debtor to the nearby above in the past but later than two years prior to the due date, payment, unless it is shown that recoils at the debtor was insolvent and the payment to become insolvent.

Article 11 of the rules relating to the payment of the Bill of Exchange or a cheque for the Bill of Exchange or a cheque for payment according to article 10, recoils at the only in so far as the recipient of the payment would have been able to refuse to accept a bill of Exchange or cheque payment without losing their right to someone else, to which he would have been able to get running.
Subject to the payment of the retreat, because of this, a third person liability is valid, what section 21 (1) of the Act provides.

Article 12 of the rules relating to the payment received by the creditor's ulosmittauksella Ulosmittauksella payment is submitted, if garnishment recoils at the later than three months before the due date. Also, if the garnishment is recoils at the payment delivered for the benefit of the debtor's close call in the past but later than two years before the deadline, unless it is shown that the debtor was insolvent and not valid as a result become insolvent.

What is provided for in the paragraph 1, shall apply to the child or spouse of the future child support ulosmittaukseen only to the extent that a child or a spouse is ulosmittauksella in an inappropriate manner.

section 13 of the Act provides rules relating to the Receipt of this payment, set-off is to be applied, respectively, for their capitulation, if the creditor would not have been entitled to receive in a bankruptcy.

Article 14 of the rules relating to the security of the debtor later than three months before the due date of its debt by other security provided by a deposit or a guarantee, recoils at the if had been agreed for the debt is incurred or if a lien is the creation of a security right had been released or any other scenario was without undue delay after the debt was incurred. If security has been given to the debtor to the nearby this earlier but later than two years before the deadline, guarantee, unless it is shown that recoils at the debtor was insolvent and the collateral arrangement, due to become insolvent.
Chapter 3 recovery can impact the value of the property or the replacement of paragraph 15 of the Legal action against the debtor acquired property peräytyessä is returned to the estate.
Referred to in subparagraph (1) shall be returned to the bankruptcy estate, the consideration for the debtor. If the consideration is placed on the reach of the creditors and the consideration for the completed knew or should have known, that this was the purpose of the repayment obligation of the debtor, does not, however, have not.
If, according to paragraph 1 or 2 shall be returned to the property is not present, or otherwise the value of the non-refundable, it needs to be replaced. If a particular property restitution would produce the velvolliselle harm, the Court may authorize him to pay for the property rather than the restoration of the property value.

section 16 of the decline in value If the returned value of the property is substantially impaired due to wear or damage, shall be obliged to reimburse the value of the palautusvelvollinen property.
When the value of the property as a result of the reasons mentioned in paragraph 1, other than the takaisinsaantivastaaja is liable to pay reasonable compensation for a reduction in the value of the property in question when the request is made on any action to set aside which post-dated. If the repayment obligation is based on article 5, the defendant may be ordered to pay compensation for that, when he got possession of the property.

section 17 of the Income, profits and interest rate Palautusvelvollisen the requirement for legal action to set aside which shall be handed over after the presentation of the property, in accordance with the revenue received or to be replaced by its value accordingly, article 15 lays down. Palautusvelvollisen is also to be carried out after the date mentioned in the appropriate remuneration for the asset for the benefit, subject to this reduction in the value of the property can be regarded as included in the executable. If an appeal (widerspruch) is based on article 5, palautusvelvolliselle may be prescribed in the preceding paragraph to the fact when he got possession of the property.
If you return the property is money or if the value of the property is to be replaced, takaisinsaantivastaajan, interest shall be payable on the interest rate Act (633/82) in accordance with article 4 of the submission of the claim, including any action to set aside which of the. If an appeal (widerspruch) is based on article 5, the defendant may also be obliged to carry out the interest rates in accordance with the first subparagraph of article 3(2) of the interest from the date on which he received the property.

section 18 of the Property have the right to be reimbursed for the cost of the Palautusvelvollisella is the return of the assets of panemistaan needed, as will be considered reasonable, also for other costs.

section 19 of the third by When a third person is the debtor of the debt security, the security of this set is the result of the settlement, returned to him, the creditor is obliged to return the value of peräytyessä only a sum in excess of the security, if he will not be able to get the security back on, and he intended to restore the collateral know and should know about the debtor's inability to pay. The above is provided, is to be applied, when someone is gone from the obligation of the debtor and the debtor is the guarantee fulfilled its obligations.
Collateral back to the third person, as well as the obligation of a guarantor, the compensation provided for in section 21 of the Act.
Chapter 4, section 20, of the transferee in the third position in the station if the assets, which, in accordance with the provisions of this law may be required to restore the estate, is handed over, the restitution of the value of the replacement can be similarly require the luovutuksensaajalta or, if it knew or should have known of the facts in respect of the legal action, peräyttämiseen. In this case, it is also valid for what 15-18 provides a retreat. The transferee is not the section 16 in the case referred to in paragraph 1, be liable to compensate the reduction in the value of the saantoaan property, over the period.

section 21 of the Bill of exchange liability, as well as the restoration of security and the shekkivelallisen If a bill of Exchange or a cheque for payment remains, according to article 11 of the peräytymättä, is it, that would be the final defeat suffered in the event that the payment would not have been carried out, shall be obliged to compensate for the bankruptcy estate. A prerequisite for the payment of the compensation obligation is that, if it had occurred to him as a creditor, could be sentenced to retreat from the.
In the case referred to in article 19, the security deposit back received a third person, or to the guarantor shall be obliged to make the value of the collateral, or to replace it by the creditor, or, if so required, directly to the body. The prerequisite for this is that, if it had occurred to him as a creditor, could be sentenced to retreat from the.
Chapter 5, section 22, of the conciliation Conciliation, as well as the petition for the rest as a result of the bankruptcy estate of the reinstatement obligation arising from this law, may be a compelling reason to settle.

section 23 (20 February 2004/121) to call for Objection are entitled to require the administrator recovery can and the creditor, who has overseen the claims in bankruptcy or whose claim has been taken into account in the distribution list, by the way. The same applies to the other under this Act on behalf of the missions of the bankrupt estate.
Recovery of some of the required action before a Court of law or by a reminder of the controls. Proceedings can be instituted with the right provided for in Chapter 10 of the code of judicial procedure on instead of the District Court, which has been dealing with the issue, the Declaration of bankruptcy and restructuring in the context of the proceedings in the District Court, which has dealt with the composition proceedings to be opened. The administrator may require the judgment also claim against the bankrupt estate targeted change requirement. (2 March 2007/248)
If the debtor is declared bankrupt during reorganisation or restructuring programme, the administrator may instead of continuing at the time of a pending takaisinsaantikannetta on behalf of the estate. If the action is initiated by a creditor, the creditor may continue the proceedings on behalf of the estate. Similarly, liabilities in the context of an individual's debt adjustment proceedings to continue panemaansa takaisinsaantikannetta. A condition for the continuation of the action is the continuation of the action, that the notification is made to the takaisinsaantikannetta the Court within three months of the Bankruptcy Act (120/2004) of Chapter 12 of the date referred to in article 5 of the control.

section 24 of the access to justice of the action must be brought within one year of the Rem is the commencement of bankruptcy proceedings. The application may, however, still be initiated within three months of the bankrupt or the base should have been detected for recovery can it be detected. (31.1.2013/87)
If the creditor has brought an action before the Court of Justice shall be reserved to the administrator the opportunity to be heard. The notification will be sent to the administrator of the post. (20 February 2004/121) section 25 (20 February 2004/121) Will control If rem is raised so late, that the defendant, who wants the action due to the control of a claim in bankruptcy, will not be able to do it on the day of the control, he gets to control the claims control of the day as the bankruptcy law, Chapter 12, section 16 of the Act provides. Similar to the rights referred to in subsection 2 of section 23 of the argument arises from the need to control their claims in bankruptcy proceedings after the date of the control.
section 26 of Chapter 6 of the date of entry into force entry into force and transitional provision this law shall enter into force on 1 January 1992.
This law shall apply, if the bankruptcy application is made after the entry into force of the law. If the transaction is concluded before the entry into force of this law, the provisions of article 1 to 22 shall apply instead of the date of entry into force of this law, the provisions in force. Before the entry into force of this law was the right does not, however, shall not be moved, if it does not come under this Act. Before the entry into force of this law in respect of the legal action is not reset, or any other equivalent obligation to the extent that it would not be this law. THEY 102/90, another lvk. Mrs. 13/90, svk. Mrs. 195/90 acts entry into force and application in time: 25.1.1993/52: this law shall enter into force on 8 February 1993.
THEY LaVM 182/92, on 6 November 1998/797/92 15: this law shall enter into force on 1 January 1999.
THEY'RE 68/1998, LaVM 8/1998, on 8 November 2001/105/98 931 EV: this law shall enter into force on 1 March 2003.
Before the Court at the time of entry into force of this Act, pending at the time of entry into force of this Act applies.
THEY LaVM 17/79/2002, 2002/2003, 20 February 2004, EV 126/121: this law shall enter into force on 1 September 2004.
THEY LaVM 6/26/2003, 2003/2004, EV 21 July 2006/635 113:


This law shall enter into force on 1 September 2006.
If the company is placed in liquidation before the entry into force of this law, shall apply to the provisions of the law in force at the time of entry into force.
THEY TaVM 7/109/2005, 2006, EV 63/2006 on 2 March 2007/248: this law shall enter into force on 1 June 2007.
The law shall be applied, if the procedure will begin with the entry into force of the law.
THEY LaVM 22/152/2006, 2006, EV 246/2006 1/14/2011/30: this law shall enter into force on 1 April 2011.
This law does not apply, if the separation of property or credit memo is associated with life partners cohabitation benefits because, as referred to in the Act on the dissolution of yhteistalouden, which ended before the entry into force of this law.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY LaVM 23/37/2010, 2010, EV 201/2010 31.1.2013/87: this law shall enter into force on 1 March 2013.
Before the entry into force of this law shall apply to the bankrupt at the date of entry into force of this law, which began in force.
THEY LaVM 12/86/2012, 2012, EV 115/2012