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The Contribution Of The Entry Into Force Of The Law Of Maakaaren

Original Language Title: Laki maakaaren voimaanpanosta

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Law on the entry into force of the arc

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Entry into force of the arch

Ground arch (1840/95) , hereinafter referred to as 'the new', shall enter into force on 1 January 1997.

The measures necessary for the implementation of the new ground arc may be taken before it enters into force.

ARTICLE 2
Repealed acts

With the entry into force of the new earth arch, the following laws will be repealed with subsequent amendments:

1) the arch of the 1734 law;

2) Regulation of 20 June 1864, containing rules to prevent inappropriate conditions being imposed in the sale of immovable property in shops and land-based assets in retirement and other burdens;

(3) the Law of 28 February 1930 of 28 February 1930 on the period of validity of the law and the time for the administration of real estate (186/2015) ;

(4) The Law of 1 November 1945 on the Processing and Asking Affairs process in the archives of the Judiciary (1052/45) ;

(5) Law of 6 June 1952 on the treatment of mortgage and mortgage services in the city (240/50) ;

(6) The Act of 23 July 1965 on the simplification of the Protocol on the Rules of Procedure and the Rules of Law (418/65) ;

(7) the Regulation of 9 November 1868 on the attachment to immovable property;

(8) Forests law of 31 January 1930 (39/30) ; (20.12.1996/11)

(9) Decree of 10 July 1901 of 10 July 1901 on the fixing of the right to search for wood in another country; (20.12.1996/11)

(10) The law of 12 January 1937 of 12 January 1937 on the limitation of mortgage responsibility (4) ; (20.12.1996/11)

(11) Decree of 6 June 1883 concerning the right to residents of the crown; and (20.12.1996/11)

(12) Law of 12 November 1965 on the arrangement of certain holdings and parts of the crown (998/65) . (20.12.1996/11)

ARTICLE 3
Application of the rules of the arch

Where other law or regulation refers to a provision or otherwise refers to a provision which is to be abrogated in this way, the provision should instead be replaced by a new rule of the New Province.

The other provisions governing the fixing of the right to dismiss the sector are governed by the entry into force of the new arc of law by the new Member State, and the same applies to the registration of a special right. What else is provided for in the affixed debt book, relates to the entry into force of the new earth arch, which has been secured by a deposit guarantee.

§ 4
Provisions on extradition

In the case of a transfer of immovable property or a right of use made before the entry into force of the new earth arc, the previous provisions shall apply.

The provisions of Section 26 of Chapter 2 of the New Province on the liability of the trader on the liability of the property shall not apply if the trader has given up the property or made an incorrect payment before the law enters into force.

§ 5
Borrowings

Before the entry into force of the new Ground Act, legal effects are determined in accordance with the previous rules. However, the legal effect of such an appeal may be invoked only by the person who has acquired the right to property or other rights after the entry into force of the law on the property.

The loan granted after the entry into force of the new earth arc shall have the legal effect of the new national arc, even though the recovery has taken place before the law enters into force.

ARTICLE 6
Recording

The owner of the service and the holder of the right of use, whose rights are to be recognised under the new arch, shall also apply for registration of the right before the law enters into force. The application shall be submitted within two years of the entry into force of the new earth arch.

If the formation of the property is pending at the time of entry into force of the new earth arch, the law-abiding period begins when the property is formed.

Prior to the entry into force of the new Ground, the existing mortgage on the right to separation or of special entitlement shall be equivalent to the entry for the new earth arc. However, such a mortgage can only be invoked by the person who has acquired rights after the entry into force of the law.

§ 7
Pending application for registration

Where an application for registration of property rights or a special right is pending at the time of entry into force of the new earth arch, the application shall be examined in accordance with the new ground. If a settlement has been reached before the entry into force of the new earth arch, the appeal shall comply with the earlier provisions.

If an alert has been issued prior to the entry into force of the new earth arch in order to obtain a loan, the application for a loan application shall be governed by the earlier provisions.

§ 8
Loan-out time

If the deed to the property has been completed or the validity period has begun to run before the entry into force of the new Ground, the period of validity shall be calculated in accordance with the previous rules.

§ 9
The attachment of the holder of the holder or of the licence

Before the entry into force of the new arc, the holder and the holder of a securities note shall be responsible for the sum of the mortgage-related capital, the three-year interest rate and the collection costs, as referred to in the new Earth arc, and shall be subject to a new Provisions on the lifecycle of the arch. If the bonds are issued as collateral before the entry into force of the new Ground, the binding nature of the pledge and the subject matter of the lien shall be determined in accordance with the previous provisions.

The holder of the attachment, or the holder of the certificate, shall apply to the Authority for the exchange of its bonds as a deposit in the period in which the mortgage is to be renewed in accordance with earlier provisions. If the application has not been made during this period, the attachment shall lapse.

The application of the application referred to in paragraph 2 shall apply mutatis mutandis to the provisions of the new Ground. The attachment shall be adjusted to the principal amount of the principal of the promissory note affixed. The deposit book is still without a different commitment as collateral. If the promissory note is denominated in foreign currency, the capital shall be converted into Finnish currency according to the course of the application date. The registration authority shall enter into the promissory note that the deposit has instead been issued and that the promissory note is null and void. In order to change the debt book as a deposit book, the mortgage may be changed under the conditions laid down in the new earth arc.

ARTICLE 10
The attachment of the ordinary debt or other receivables

Prior to the entry into force of the new Ground, the previous provisions shall apply to the ordinary debt or other receivables.

The creditor shall apply for the exchange of the attached debt or other receivables as a deposit book and shall provide an explanation of the remaining receivables within the period in which the mortgage is to be renewed under the previous provisions. In exchange, the mortgage is changed to the sum of the remaining capital, the three-year interest rate and the sum of the collection costs. However, the amount of the mortgage is rounded to more than one hundred marks or, if the mortgage is converted into euro, mainly to a larger amount of eur 100. If the bond affixed under that condition is provided as collateral for the rest of the undertaking, the remaining capital shall be treated as capital. Variation is otherwise in force as provided for in Article 9 (2) and (3). (14.12.1998/99)

Where a statement of the receipt of a claim on rent or other receivables as shown in the capital ceiling is exchanged as a deposit, the recapitalisation threshold shall be considered to be the maximum amount of the mortgage or, if the claim is declared annual Amount, three years of aggregation.

ARTICLE 11
Coverage of property belonging to the same owner

If the attachment of a document to be exchanged as a deposit is addressed to a number of the same owners or to the same owners in the form of equal shares of the same holder and the same recording authority in the tachograph of the same recording authority, the deposit book shall be issued: In accordance with the common mortgage, provided that the buildings are subject only to the same mortgages.

The holders of the right of the right and the owner of the property may conclude a written agreement to convert all mortgages into conformity with the new Earth arc. In this case, the contract and all convertible bonds shall be submitted to the Recording Authority. Otherwise, the collation shall be divided into a deposit at the time of exchange between the property affixed by the holder of the promissory note, so that the total number of mortgages corresponds to the amount provided for in Articles 9 and 10 and the deposit books are provided. Accordingly.

Where, in order to reorganise the mortgages or to apply for new mortgages, it is necessary that the affixed bonds are exchanged at the same time or in the order of precedence indicated by the mortgages, the registration authority may oblige The holder of the affixed amount, within the prescribed period, for the exchange of the debt book as a deposit book. Where necessary, the registration authority may invite all holders of the lien or the property owner to be heard.

The property may be fixed separately, even if it is subject to a joint mortgage fixed before the entry into force of the new earth arc.

ARTICLE 12
Collection of property belonging to different owners

If the attachment of the bond to the deposit book is to the property of the different owners, the deposit book shall be issued in accordance with the collateralisation. If the bond affixed is controlled by the owner of a property, the mortgage must be removed in respect of other property owned by the property.

If the agreement on the mutual liability of shared property has been affixed to the previous provisions, the provisions on the mutual liability of the new land arc shall not apply.

The deposit book will be issued in accordance with the joint mortgage, even though the property belongs to different owners.

ARTICLE 13
Pending application for a mortgage

If, at the time of entry into force of the new earth arch, an application for a mortgage has been lodged, on the basis of which, according to the previous provisions, the mortgage has been issued, the mortgage is fixed according to the new arch and shall be issued as proof of the deposit. The attachment shall be fixed in accordance with Articles 9 and 10.

Paragraph 1 shall also apply where, within one year of the entry into force of the new earth arch, an application is claimed on the basis of a certificate of receivables which, before the entry into force of the new The anchorage consent.

ARTICLE 14
Statutory lien law

Observed by public law or public law, which arises after the entry into force of the new earth arc, or comparable to that which, according to the law, is a privilege, or of which the property or its owner is owned by In spite of the law, receives a lien on the property of the new governor of the property, and no personal responsibility for the transfer of the claim to the new owner without a different contract.

If, according to the law, the creditor has the right to apply for a mortgage as collateral without consulting the owner of the property, the mortgage is determined after the entry into force of the new earth arc and the priority shall be determined by the time of the entry into force of the application.

Within three years of the entry into force of the law, the statutory lien referred to in paragraph 1, born before the entry into force of the new earth arc, shall be notified in accordance with the provisions of the new national arc. If no notification has been made during this period, the statutory lien shall lapse. Statutory lien shall not be recorded if, according to the provisions in force in the past, it has ceased or the higher priority is lost. In the case of a loan and mortgage register before the entry into force of the new Ground, the entry into force of the legal lien on the legal deposit is equivalent to the entry for the new Earth arc, if the amount receivable is indicated.

§ 15
Privilegated implementation

If the property or other attachment intended for the immovable property in a fixed asset has been foreclosed or the bankruptcy of its owner has commenced before the entry into force of the new earth arc, the privileges of the receivables and special rights Implementation shall be subject to earlier provisions.

Article 14 (3), born before the entry into force of the new earth arch, shall be taken into account in the implementation if the assets have been foreclosed or the bankruptcy has commenced in accordance with the previous provisions, in accordance with the previous provisions. Within one year of the entry into force of the new earth arch.

ARTICLE 16
The lien on the price of an inexpensive purchase price

Before the entry into force of the new Ground, the lien on the outstanding trade price shall be subject to earlier provisions. If the amount of the unpaid trade price is the subject of the deposit, the time for applying for the mortgage is calculated on the basis of the loan guarantee for the sector. The attachment shall be fixed and a deposit book shall be issued as provided for in Article 10 (2).

The deposit of an unpaid trade price shall lapse if it does not apply for the application within 10 years of the entry into force of the new earth arch.

Article 16a (20.12.1996/11)
Forest attachment

Forests fixed before the entry into force of the new earth arc shall lapse after three years have elapsed since the entry into force of the new earth arch, or even before that, if the bonds are exchanged as a deposit. If a claim based on the creditor's forestry action has been brought before the suspension of the forestry mortgage, the provisions of the earlier provisions are complied with.

The forest centre shall provide the creditor with information on the declaration of felling or forest use by the owner of the property without the ownership of the property owner separately, even though the forest attachment has lapsed according to paragraph 1.

§ 17
Registers corresponding to the mortgage and mortgage register

In the territories of the registration authorities where the loan and mortgage register has not been introduced at the time of entry into force of the new earth arc, the register of the law, the mortgage register, and the The register of property. The register shall be entered in the register in accordance with previous provisions, but the new land cycle will be followed.

Before the law-making and mortgage register has been put in place, a notification shall be sent to the relevant recording authority in accordance with the previous provisions.

The provisions of the new earth arc on the obligation of the State to replace the defect or defect in the records of the register shall not apply to an erroneous or incomplete mark made before the entry into force of the new earth arc, unless the law-and - The law on the anchorages (353/87) From the previous provisions.

L of the loan and mortgage register 353/1987 Has been repealed with effect from the entry into force of the legislation on the transfer of entries in L 58.4/2009 . See. Ground arch 540/1995 Chapter 7 And A mortgage and mortgage register 960/1996 .

ARTICLE 18
Ylima pleasure and other previous rights

Before the entry into force of the new earth arch, the right to appeal to the Court of First Instance shall remain valid after the entry into force of the law.

If the limit of the villages is not introduced at the time of entry into force of the new earth arch, the time limit for determining the place of the border shall be governed by previous provisions.

In the case of a legal action brought before the entry into force of the new Land of the Land of the Land of State and of the Neighbors Act, which has been initiated prior to the entry into force of the new Province, the previous provisions shall apply.

Article 18a (20.12.1996/11)
Corn-natured spaces

The division between the Crown and the succession will cease upon the entry into force of the new earth arch.

If, in the past, the state of the Crown has not been yelled at, its owner shall be obliged to apply for the state of the law within two years following the entry into force of the arc. If the applicant is registered in a real estate register or a land register as the owner of the crown of the crown, if the applicant is the owner of the new land register, the appeal may be awarded in accordance with the alert procedure referred to in Article 3 (3) of the new arc, even if the applicant: Cannot provide any other explanation. Loans shall not be issued if the property is subject to the right referred to in paragraph 4 or if there is reason to suspect that someone else has a better right to the property.

As far as the new ground is concerned, the property is also subject to a conditional site. If the right to conditional property is recognised as a permanent fixture, it shall correspond to the state of the art referred to in the new earth arc.

Prior to the entry into force of the National Guard, a stable right of holding shall be recorded as set out in Section 2 of Chapter 14 of the New Ground and Article 6 (1) of this Act and may be affixed, as provided for in Chapter 19 of the arc, even if: The period of validity of the management law is not specified.

§ 19
Authorisation or consent of the authority

Where, according to a point of law, the application of a property is required for the authorisation or consent of a non-owner, a competent body of the Community or a court or other authority, it shall be required instead of affixing the new earth arch; At the time of the establishment of the lien on the property, its destination or its destination, or the right to use.

Where, according to a point of law, the consent required for the transfer of the property is to be certified by two unimpeded persons, after the entry into force of the new earth arc, it is sufficient that the agreement has been confirmed by the trader.

§ 20
More detailed provisions

More detailed provisions on the implementation of this law shall be adopted by the Regulation.

ARTICLE 21
Entry into force

This Act shall enter into force on 1 July 1995.

THEY 120/94 , LaVM 27/94

Entry into force and application of amending acts:

20.12.1996/1125:

This Act shall enter into force on 1 January 1997.

THEY 214/1996 , LaVM 18/1996, EV 216/1996

14.12.1998/99:

This Act shall enter into force on 1 January 1999.

THEY 156/1998 TaVM 21/1998, EV 165/1998