In accordance with the decision of the Parliament, provides for: the scope of the definitions of Chapter 1 of the General rules on the scope of application of this law and in accordance with article 1 shall be implemented by any civil or criminal case, judgment, or other set in code contained in the ulosottoperusteeseen: 1) the obligation to supply the money or goods ();
2) the obligation to dispose of another immovable property or movable property;
3 the obligation to hand over the management of the property of another flat-rate), building, apartment, the rest of the area or part thereof, or to the obligation to change from the (eviction);
4) the obligation to do something about it;
5 the ban to do something and the obligation to allow), that the other is doing something about it.
In accordance with Chapter 8 of this law shall be implemented as provided for in Chapter 7 of the code of the seizure or any other precautionary measure.
Administrative law and administrative procedure set the obligation as referred to in sub-section 1 shall be implemented in accordance with this law, if it is in the implementation of the Act confers a right referred to in this law and in accordance with the Act.
the ratio of the rest of the article 2 of the law on the other, the law provides for the implementation of this law in accordance with the procedure shall also be followed, that is: 1) taxes, government fees and other bodies governed by public law or other equivalent claims;
2), as well as criminal penalties and fines to the State condemned to compensation;
3) child custody or disposal of huoltajalleen and rights of access;
4) abroad, arbitration, or other ulosottoperustetta;
some of the institutions of the European Union 5) judgments and decisions;
6) installment sale of movable objects;
7) other than Chapter 7 chapter.
3. for the purposes of this law, the parties and the third-party article: 1) to the applicant, which is applied for;
2) the defendant, against whom enforcement is sought;
the implementation of the obligation to pay the applicant 3) the creditor and any other person who is entitled to receive payment of ulosmitatusta assets;
4. in the implementation of the obligation to pay the debtor the defendant;)
5) the person referred to in paragraphs 1 to 4 of the parties;
6) third party other than the person referred to in paragraphs 1 to 5.
The person is also referred to the community, and the Foundation. The person who is responsible for the applicant's claim, only the value of the object is owned, mutatis mutandis, in effect, what the debtor.
the applicant for the purposes of article 4 of the applicant's need to be ulosottoperusteessa according to the fixed capital, the interest rate, as well as to execute capital recognised as valid, the ulosottoperusteessa, together with interest on the part of the costs to be paid or provided for in the above, where the applicant is a limited application.
section 5 of the electronic message unless this Act provides otherwise, an electronic message is valid, what administrative procedures Act on e-Government in action (13/2003). If the sender of an electronic message is the confusion, the bailiff shall ensure the accuracy of the message.
section 6 of the sending of a document the document is sent to the bailiff by mail the sender's own risk.
The date of arrival of the document shall be deemed the date on which the shipment is received at the bailiff's Office or in a mailbox, or the date on which the notification of the arrival of the consignment has been delivered to the bailiff of the postal company.
The consignor shall ensure that the submission of the document, which is provided for or set a deadline for arriving to the bailiff in due time.
Ulosottomiehinä, paragraph 7, of the Bailiffs Act as bailiffs and clerks and their subordinate kihlakunnanulosottomiehet. Kihlakunnanulosottomiehelle will include the tasks of local enforcement service to him.
The Swedish Enforcement Administration will ensure that the local kihlakunnanulosottomiehet and other employees referred to in section 8 of the officials carry out their duties lawfully and appropriately and comply with them.
Local enforcement service can transfer its task to another subordinate officials or take on the task themselves.
section 8 of the other officers of the enforcement service may, if necessary, to order the District to the rest of the tasks required to implement the kihlakunnanulosottomiehelle of the subordinate officer, if the officer meets the kihlakunnanulosottomiehen eligibility requirements. In this case, the civil servant is valid, what kihlakunnanulosottomiehestä.
the Swedish enforcement administration of section 9 of the exclusive competence of the Swedish Enforcement Administration are responsible for: 1) shall decide on article 8 of Chapter 2 of any of the laws referred to in the implementation of the power to execute, the right of withdrawal referred to in article 15 and in article 22 and 23 of the callback, as referred to in section 6 of Chapter 3: implementation of the proof of debt securities referred to in paragraph 1, in the absence of the adoption of the security referred to in article 43, the performance of the prohibition referred to in article 92, 109 and the expert referred to in article 110 article setting the Administrator's , Chapter 4, section 14 of the artificial arrangement referred to in section 38, having referred to in the application of the prohibition, in article 46 the payment referred to in section 73 and 74 from the ban, as well as the meaning of seizure, as well as in Chapter 7 of the 12 yhteisomistusesineen – on the implementation of the arrangements referred to in article 17;
2) gives the party concerned referred to in section 9 of Chapter 3 of the control;
in Chapter 3, section 3) 59, decide: (1) setting and retrieving the threat referred to in subsection pick-up on the conclusion of the request to the police;
the threat of the imposition of the fine and 4) decide to make an application to the condemnation of the periodic penalty payment;
5) to sell were confiscated immovable property, referred to in section 3 of Chapter 4 of the ship and in the management of the apartment or building kiinnityskelpoinen car for qualifying shares of the company's stock, Chapter 5, section 82, paragraph yhteisomistusesine and the rest of the property, if it is mortgages, pledge or other security rights;
6) share of the purchase price of the property referred to in paragraph 5 and the rest of the purchase price of the property when the 32 or 44 of Chapter 5, paragraph asianosaisluettelo has been prepared;
7) set the obligation for the payment or recovery, Chapter 2, Chapter 3, section 16, section 46, Chapter 4, section 47, Chapter 5, section 25 of the second paragraph of article 2 of Chapter 9, or (2) or under section 4;
section 13 of Chapter 8 of 8): the granting of the protective measure referred to in;
10) supplies between the seller and the buyer of the settlement hire-purchase;
11) to determine the child's custody and visitation of the implementation of the decision; as well as 12 other law enforcement Administration) to manage the exclusive competence of the district the functions provided for in.
Article 10 of the courts, the courts of appeal are Public authorities, as well as deal with the ulosottoasioissa the tasks specified, non-litigious.
Article 11 of the Ulosottolaitoksen Ulosottolaitos of the management positions in the organization is formed by the Central Government and its dependent on local ulosottovirastoista.
Employment as a central Government takes care of the national Office. The power of Office and Ministry of Justice, the administration of the ulosottovirastot are. (26 June 2009/521)
Ulosottoviraston domain (ulosottopiiri) is made up of one or more of the engagement. Ulosottopiireistä provides for the State by means of a Council regulation. Ulosottoviraston offices of the Ministry of Justice provided for in the regulation. (26 June 2009/521) section 12 (26 June 2009/521), the National Agency for employment as a national agency, a general administrative management, control and monitoring. The Swedish Enforcement Administration Agency of the Kingdom of ulosottolaitoksen, in particular, to ensure the availability of services in the regional.
The Swedish Enforcement Administration Agency of the Kingdom, the master shall be appointed by the Council of State. Otherwise, the tasks of the Agency, the posts, and the rest of the operations are set out separately.
section 13 of the Ulosottovirastot Ulosottovirastoissa act as clerks and their subordinate officials. As head of the Office of the Chief District Enforcement Office works.
The head of the Agency shall be adopted by the Ulosottoviraston of the rules of procedure.
Specifically provided for in the local ulosottoviranomaisesta of the Åland Islands province.
section 14 of the appointment and eligibility requirements of the leading local bailiff and the bailiff's Powers shall be appointed by the District Office. (26 June 2009/521)
Local law may be appointed as voudiksi a Bachelor's or a master's degree in law, a Finnish citizen, who is very familiar with the ulosottotoimeen or who has attained the necessary skills for successful management of the other tasks of public authorities, and which has the task, the necessary personal characteristics. A leading local voudiksi nimitettävältä is required in addition to the above, good management skills.
The appointment of the Kihlakunnanulosottomiehen and the eligibility criteria laid down in Council regulation by the State.
Disqualification and Disqualification criteria for the appropriateness of the requirement of section 15 the bailiff is unable to act, if: 1) the bailiff or his relatives is ulosottoasiassa a party or a third party in case the claim or requesting;
2) the bailiff is a Board, the Board or the President and ceo of the assimilated as a member of the institution or in the community, or in a similar position with the Foundation, or concerning the establishment or establishments, which is a party to the claim or the claim or matter provided by the third party;
3) a bailiff or his läheisellään is expected on the issue of benefit or harm;
4) the bailiff's court proceedings in the present case, the authority of the party or the opposing party, unless the question is the bailiff of the official, or where a party has recourse to his comments or otherwise clearly without justification;
5) the bailiff is an agent of the party concerned; between the bailiff and the party or 6) is the bailiff's Office the mandate of the external conditions of employment or relationship or of any other kind of relationship, which, taken as a whole, taking into account the quality and the conditions to give an informed reason to suspect the bailiff's impartiality in the matter.
The bailiff is unable to act, too, if any of the grounds referred to in paragraph 1, the following shall be treated as any other point gives a reasoned reason to suspect his impartiality in the matter.
for the purposes of section 16, section 15, Close to the nearby bailiff: 1) to the spouse, and even a spouse;
2) children, grandchildren, siblings, parents, grandparents, the bailiff of the otherwise particularly close to the person and the spouse of the person referred to above, as well as the bailiff the sister of your children and the older siblings;
3) spouse's children, grandchildren, siblings, parents and grandparents.
The spouses referred to in subsection spouses and common household marital relationship or any other relationship. Nearby are also the corresponding side of the relatives.
section 17 of the impact of the implementation of the Bailiff may not take his comments as if he is disqualified from the implementation of, and will continue to, if he subsequently becomes or finds himself in esteelliseksi. The bailiff is not required to separately determine the meaning of section 15 of the esteellisyyttä in the simple case, where the procedure has schematic.
section 18 of the Disqualification, the claim, the claim shall be submitted as soon as the bailiff for the disqualification of disqualification has become the opponent. The opponent must give reasons for its objections.
Clearly unjustified disqualification claim to the bailiff to resolve. The rest of the ulosottoviranomainen, the amount of the claim to the bailiff who will resolve it's replacement. If the claim is accepted, the bailiff, the disqualification will be accessible to continue the proceedings and verify the actions taken to date and perform any itseoikaisu.
The bailiffs for the disqualification of the claim has been rejected, can only be appealed at the same time, there are complaints about the tests carried out by the implementation. After the implementation of the measure, the bailiff has successfully completed its operation cannot be without a valid reason to appeal to the previously known, and that compares with 15 of the grounds referred to in paragraph (2).
section 19 of the appropriateness of a requirement for the bailiff to act in accordance with his duty properly and impartially. The implementation of tasks must be carried out promptly, effectively and efficiently, without the defendant or third parties a greater harm than the purpose of the implementation of the demands. The bailiff will promote self-reliance and sovinnollisuutta between the parties, the defendant, ulosottoasiassa in an appropriate manner.
section 20 of the Transparency requirement, the bailiff will request, and when the situation so requires on your own to the debtor the right to request the entitled party shall inform the number of this, as well as to give the parties, if necessary, change the direction of the implementation of the phase ulosottoasiassa and information, as well as from other interested parties on relevant issues.
section 21 of the ban on the issue of profit and an unfair procedure, the officer is not allowed to drive, or for the benefit of the information obtained from using action in his own or another's benefit or otherwise inappropriately in a way that is contrary to the interests of a party, or which is likely to undermine confidence in the impartiality of the regularity of the employment, or.
section 22 of the restrictions on the issue of business officer shall not be personally or through intermediaries, in the: 1) charge privately on the issue of the second chapter, except where the claims have to be referred to in article 16, the nearby;
2. for the purposes of recovery or läheiselleen) have claims;
3.) various tasks relating to the remuneration, to perform the kind of ulosottotoimituksiin that can be properly contracted out to third parties;
4) have a financial advantage for himself or for läheiselleen the second from carrying on the activities referred to in paragraph 1 to 3.
section 23 the right to acquire the property of the ulosmitattua to the bailiff shall not in respect of the implementation of the measures, which he has carried out, by themselves or through intermediaries, to acquire for himself or other property that is the subject of the implementation of the notification or otherwise. On the issue of a public official may not obtain in the case of the implementation of the property of the other, if it can be regarded as within the meaning of article 21 of the inappropriate.
Ulosottorekisteri section 24 Enforcement information system and the information system is a ulosottoviranomaisille belonging to ulosottorekisteri and not to endanger the performance of the tasks of the national ulosottoviranomaisten for the set up and use of a data-processing technique to maintain your system. The Swedish enforcement administration of the Kingdom for the maintenance and development of the information system shall be provided by the Agency. (26 June 2009/521)
The expense of the information system ulosottorekisteri, which will be held and used for the performance of tasks covered by the ulosottoviranomaisille. The registry is made up of a national directory-and locally-maintained registry.
The purpose is to contribute to the information system and the ulosottorekisterin ulosottoasioiden and velalliskohtaista, as well as the expense of the Government online, as well as the processing of administrative management, control, inspection and surveillance missions, as well as statistics.
section 25 (26 June 2009/521) registrars Ulosottorekisteriä like local bailiffs and, in conjunction with the. The data deposited to the authority, as well as the deposit and use of tallettamiensa on the legality of the correctness of their own in the performance of their tasks. The Swedish enforcement administration of the Kingdom, the Agency shall carry out the provisions of the general maintenance of the registry, as well as providing the technical data and the date of processing.
section 26 of the contents of the register Ulosottorekisteriä to parts of the local registry to collect and deposit: 1) ulosottoasioiden for the parties and their representatives, the management of identity and contact information, as well as information about the quality of the implementation of the settlement, or is to be, the applicant's claim, the bailiff conducting the enforcement activities and their time, accumulated, and the obstacles to the implementation of the tilitetyistä the applicant amounts to be available, the indication of the passive, as well as other information relating to the implementation of the corresponding ulosottoasiaa and shipments (case management);
2 for information on the joint activities of the authorities) or requests for information about the debtor's whereabouts or assets (yhteistoimintatiedot);
3 from a party or from a third party and the bailiffs) otherwise acquired by the ulosottoasiaan-related information, is not, however, the personal data Act (523/1999), article 11 of the above-mentioned sensitive personal data, with the exception of social assistance benefits received by the information that the debtor's ulosmittaukseen ("exequatur").
The registry to the directory portion of the deposit for the case management information, which are necessary for the in order to find the local registry.
Article 27 of the authorised to process the data collected and deposited on Ulosottorekisteriä for the processing of personal data the personal data Act shall apply, unless otherwise provided for below.
Clerks, their subordinates, as well as officials of the Ministry of Justice and the relevant national agency officials receive ulosottoasiassa or the expense of the administration of the case notwithstanding the provisions on secrecy, deal with the information referred to in section 26 of the Act, however, only in case the necessary specific information. (26 June 2009/521), section 28, the data subject's right of access If the data subject's right of access to the personal data in accordance with the law, the implementation of the audit law can be significantly more difficult to the extent necessary to postpone the implementation of the ulosmittaukset, until the necessary or other operations have been completed and the property has been seized by a bailiff, but not later than six months from the date of the submission of the request for the inspection of the right.
If the law has been suspended, the Privacy Commissioner may, in addition to what the rest of the checks in the registry at the request of the data subject, the information on the register.
section 29 of the data Ulosottorekisteristä to be removed: 1) case management information in 30 years ' time, the stipulations of the matter;
2) yhteistoimintatiedot when it is no longer needed, at the latest, however, when the lis pendens or the time of the registration;
3) particulars relating to the conclusion of the entry or 10 years earlier, unless that information apparently no longer needed.
Specific information may be kept for longer than 10 years, if it is not, however, more than 20 years after the conclusion of the entry.
Public access to and disclosure of information in the registry "section 30 of the public access to information in the registry" Ulosottorekisteriin deposited data, which may be the subject of article 31 of the certificate referred to in paragraph 1, are open to the public, and other registry information covered by the obligation of professional secrecy.
Article 31 of the Certificate ulosottorekisteristä everyone has the right of access to the local ulosottoviranomaiselta for this purpose, a certificate of the person ulosottoasian the defendant ulosottorekisteristä. The certificate shall be entered in the course of the two years preceding the date of the request lodged with the following information:
1 the name of the applicant and the defendant) defendant's date of birth and hometown;
ulosottoasia, the vireilläoloaika and 2) passive available registration;
the amount of the claim of the applicant and the applicant 3) quantity that has been financially settled.
4) barrier by type and date of the certificate.
The certificate shall be issued in hard copy and not to endanger your computer system. If the registry entries for the mentioned in subparagraph (1) is not, also the fact shall be issued with a certificate.
Certificate may be issued for the period of four years prior to the request, if the requester indicates that the data is necessary to his livelihood or otherwise important private interests or in order to safeguard important public interests.
Before the certificate is issued, the certificate requester name, occupation and residence, as well as the key argument will need to deposit as referred to in sub-section 3 of the enforcement information system. At the request of the data subject to be given information as to who is in the last six months of her certificate ulosottorekisteristä.
Provided for in Chapter 3 of the minor child in the register of certificates of article 113.
32 section (20 November 2009/932) data to credit your operator a credit to your operator has the right to professional secrecy, without prejudice to the operation of the necessary data for the management of the credit information request for the period of two months prior to the ulosottoasioista, which is given in Chapter 3, section 95 of the bankruptcy as referred to in sub-section 1, Chapter 107, section 3 of the barrier to the certificate or in the certificate referred to in the narrow and not to endanger the obstacle. Also, if the information is given in the toistuvaistulon the request prior to the garnishment has been going on for over two years a total of at least for a period of 18 months (long-lasting or bankruptcy). In essence, the information may be long-lasting.
If the time-limit laid down by law, to execute this ends before four years have passed since the obstacle of the certificate, on the closing date will be announced at the same time, the payment information for future reference.
The bailiff will, at the request of the debtor to make a credit to your operator for information relating to the withdrawal of a declaration made when the debtor is paid: 1) the strict ulosotossa of the claim to be recovered have been;
2) long-lasting execution ends;
3) to execute the deadline has passed;
4) confers a right has been revoked or is for any other reason, the PTO had not misplaced; If the rest of the balance will be paid after the ulosotossa full disclosure, the bailiff must inform the borrower's request for a credit on your operator.
The information referred to in this article shall be subject;. The information may be disclosed to the public by electronic means. Provided for in Chapter 3 of the minor in the transmission of data subject to section 113 of the Act.
section 33 of the information between the authorities in addition to any other right or obligation of the Act provides for bailiffs to release information to the public, the authority and the role of other therapeutic has the right to carry out its tasks, the necessary notwithstanding the provisions on secrecy, to ulosottorekisteristä the management data request prior to the four-year period, as well as yhteistoimintatietoja. The information may be disclosed to the recipient of the data in electronic form, if it is in accordance with the rules on the protection of personal data, the right to deposit and use such.
What the first paragraph shall be without prejudice to the information in Chapter 3, under section 70 and 71. Tietojensaajilla referred to in those articles have the right to have the order to carry out its functions to get to technical information notwithstanding the provisions on secrecy, also part of the expense of the information system, the national index.
The bailiff on the right, on their own initiative, to release information to you and to the prohibition to disclose information is in force in respect of the information deposited, what ulosottorekisteriin, Chapter 3, article 72 and 73.
Article 34 the party concerned to provide the output of the person who is, or has been, a party, or an applicant must, at the request of ulosottoasiassa, other than the person name and contact information, as well as the settlement of the case management information that contains the address of the information system to the output of the preceding four-year period and, if necessary, to hold. The obligation of the guarantor and the other, in order to give a particular claim by the amount of the payment, and may play a role, there is a corresponding right in respect of the claim. What we have here, does not affect the right of a party to get information about the Act on the openness of government activities (621/1999).
If it is not obviously unnecessary, the parties concerned shall periodically provide information on the expense of the information system for the ulosottoasiassa of the accumulated and recovered, as well as other similar issues as the State Council regulation. The information may be issued by electronic means. The party concerned may also be given the option to monitor your system, section 31 (1) by using the information mentioned in the case.
35 section (26 June 2009/521) the disclosure of the technical connection to the realm of the Swedish Enforcement Administration may decide on the establishment of a technical user and using the data subject to the recipient of the data is ulosottorekisteristä, according to the law, the right to receive information about ulosottoviranomaiselta in electronic form. Before the opening of the fixed link the recipient must provide evidence of the fact that the data protection are taken care of in a proper manner.
Chapter 2 section 1 of the subject of the implementation of the Ulosottoperusteet Confers (19.12.2014/1125) general provision Ulosottoasian vireilletulo and require that the applicant shall be referred to in article 2 confers, in which the defendant is set to 1, the obligation referred to in section 1 of chapter or prescribed precautionary measure, and that the limitation period has expired, the right referred to in the payment or for any other reason. Max 2, the bailiff shall verify that the balance is not expired, and request the parties, if there is doubt as to the cessation of the right.
The bailiff to take debt expiration (728/2003), 13 (a), account of the limitation period provided for in article just alleged, on the basis of a report and set out. The limitation period shall be calculated from the time the claim was to execute according to the maturity of the debt, the debtor, unless the overdue point to it in the past.
Guarantee the right of the holder of the right to receive payment without ulosottoperustetta provides in Chapter 4 and 5. The bailiff may not, without regard to the obligations arising from the implementation of the various ulosottoperustetta ulosottomenettelystä as this is required by law.
section 2 (22 December 2009/1417) Ulosottoperusteiden list of Ulosottoperusteita are the following documents: 1) the Court judgment in a dispute or a criminal case;
2) decision by a court in a precautionary measure or decision of the provisional arrest of a legitimate, the security officer of the seizure;
3) the arbitration award, which is given in the Arbitration Act (967/1992) or any other arbitration proceedings provided by law, and a ruling confirmed by an amicable settlement;
4) hire-purchase of the bailiff of the alimony for the settlement agreement, as well as the Protocol of that kind of commitment or of the amount receivable for the implementation of this law, in accordance with the evidence of the order provided for in the law;
the decision of the Administrative Court and the rest of the 5), the authority of the decision of the administrative law;
6. the Council of State, the Department of State), the Central Administration of the Agency and the management of the Agency's decision, as well as the rest of the regional authorities of the decision on the implementation of this Act, if the order provides for the other.
(30.12.2013/1161) The provisions of this law, the judgment applies, mutatis mutandis, to the Court of Justice of a dispute or a decision in a criminal case, and the date set by the Court of Justice of the provisional regulation, as well as reconciliation.
Legality section 3 of the final judgment of the judgment Enforceable judgment is to be enforced by the applicant of security being required. The defendant cannot guarantee to prevent implementation.
Further appeal does not prevent the implementation of a final judgment. Spare change, however, the Court may, on application, to ban or suspend, in accordance with the implementation of Chapter 10, where applicable, article 20 to 26.
Article 4 of the law of the power of a Court of law, unless otherwise provided in the power of the rest of the Court, shall be without prejudice to the implementation of the appeal, as provided for in articles 5 to 12. If, under the law, the Court ordered the implementation of its judgment in the validity of the order before it is to be complied with.
section 5 of the District Court to the Court of justice the power of the law of the payment to the District Court, which is set to pay the obligation, may be enforced, unless the debtor to provide security for the claim of the applicant, ulosottomaksusta and possible implementation costs. Security can also be set into in such a way that it, along with the ulosmitatun property with the covers above.
The consent of the debtor's assets will be sold without the notification only if the value of the property to fall fast or asset management costs are high and the potential for damage caused by the sale of a security by the applicant, and the costs of implementation. Unless the applicant to provide security, garnishment may be withdrawn.
The accumulated funds may be settled.
the eviction process in pursuance of paragraph 6 of the judgment of the District Court of the District Court eviction judgment may be enforced, if an applicant a security liability resulting from the revocation or amendment of the judgment, for the implementation of the right of withdrawal and the implementation of actions.
What provides, also applies to the District Court's judgment, in which the force of the law the defendant to be ordered to disclose to the applicant the fixed assets or stock book or other document which entitles the management of the place of residence or other premises, if the implementation requires the eviction process.
the sale of movable property supply obligation in article 7 of the District Court for the District Court to the Court of Justice of which the respondent is ordered to disclose to the applicant the prescribed movable property may be enforced if the applicant, as from the adoption of and implementation of a security equal to property back. Otherwise, the bailiff at the request of the applicant to ensure the preservation of the property is, until, in accordance with the judgment has the force of res judicata, mutatis mutandis, to what the seizure provided for in Chapter 8.
the obligation of article 8 of the law of the Court of Justice of the District Court to change the power of the District Court to the Court of Justice, which is more than 5 – the obligation referred to in section 7 of the Act, may be enforced, subject to the implementation of the appeal be useless, and if an applicant a security equal to the duty of compensation resulting from the revocation or amendment of the judgment, for the implementation of the right of withdrawal and the implementation of actions.
section 9 of the default judgment in relation to the legal force of the judgment by default will be implemented as the final judgment.
the Court of appeal in the Court of law, section 10 of the power of the Court of appeal in the Court of appeal, for which leave to appeal is required, will be implemented as the final judgment. The accumulated funds may, however, be settled only against collateral.
The Court of appeal in the first instance by the force of the law from the judgment is valid, what provides in article 5 to 8.
section 11 of the code, an interim injunction issued by the Court of Justice of Chapter 5, paragraph 7, of the restoration or other management or broken condition, an interim injunction on the measure to be implemented without requiring the applicant to provide security. The defendant cannot guarantee to prevent implementation.
Article 12 adopted by the Court of Justice of an amicable Settlement, in which the Court is confirmed, will be implemented as the final judgment.
Article 12 (a) (24.6.2010/652) when applying for a direct appeal to the Court of the District Court to the Supreme Court under section 3 to 8 shall also apply to the kind of law the power of the District Court's ruling, which, in accordance with Chapter 30 of the code of (a) in the event of an appeal directly to the Supreme Court.
The suspension of the implementation of the withdrawal of the section 13 of the order and the order of the Court of Justice may Suspend a complaint or that they are working with the judgment in the judgment of the force of the law to prohibit or suspend the implementation of the judgment or order it (the suspension Ordinance). At the same time, the Court may, where appropriate, provide for the implementation of the work already completed is to be withdrawn. Delivered a compelling reason for it to be withdrawn may be imposed only for the eviction.
Ulosottomiestä will, where appropriate, consult with the suspension of the order. The impact of the implementation of the suspension order, and is otherwise valid, mutatis mutandis, what is referred to in Chapter 10, 20-26.
section 14 of the referral back to the Court of appeal or to transfer the case to the lower court to restore the order that remains in effect until the implementation has already been submitted to the lower court on the basis of the new rules and to execute is applied for.
The Court to which the case has been returned or transferred, may, for a special reason for it to be withdrawn before the implementation of the resolution to impose. If the matter remains suspended, the implementation shall provide for it to be withdrawn.
the right of withdrawal due to the repeal of section 15 of the steps to execute the judgment, if the ulosottoperusteena is revoked or terminated, ulosottoasian lis pendens ends. The bailiff will be carried out at its disposal of the right of withdrawal in the event of an appeal against the judgment, even if subsequent action, unless the Court not banned or ordered it to be suspended. The eviction is canceled, however, when the later judgment has the force of res judicata.
If the judgment, to the detriment of the applicant, shall be amended as the bailiff shall take the necessary measures in case of withdrawal.
section 16 of the judgment creditor's obligation to repay If ulosottoperusteena is revoked or amended by the applicant or by a creditor, which has raised the funds or property, shall be returned to the funds received, plus interest and the property tuottoineen to the bailiff. If the funds or property returned, the bailiff shall, at the request of the defendant, to recover funds they nostaneelta or the deadline it set in accordance with the law, or to the security of his this to retrieve the seized obtained the property.
It makes money, interest shall be payable on the amount of the interest rate Act (633/1982) in accordance with the first subparagraph of article 3(2). Interest shall be calculated from the date on which the money came to the bailiff, until, after a month has passed since the later of the date of the judgment or the funds have been returned to this before. After this period the interest shall be paid on the interest rates in accordance with the first subparagraph of article 4.
section 17 of the applicant's liability and compensation for the implementation of the repeal or amendment of the judgment if the withdrawal, the applicant must be replaced by the implementation of the withdrawal of the defendant and the injury suffered by any. The compensation provided for by following, mutatis mutandis, to what the damages Act (412/1974).
Actions for compensation is to be raised in the District Court for the judicial district in which the work has been carried out. The action must be raised within one year of the ulosottoperustetta, the judgment has become final, and the execution is canceled. The applicant shall, without delay, give the bailiff your application.
The enforceability of the rest of the article 18 of the order to execute the decision of the force of the law on the implementation of the interim measures decision, provided for in article 14 of the code of judicial procedure, Chapter 7. What this Act Chapter 8 provides the security concerns on the validity of the precautionary measure, regardless of the decision.
The withdrawal of the implementation of the interim measures decision is valid from 13 to 15 of this chapter and Chapter 8.
Article 19 of the arbitration ruling, the District Court has ordered to be implemented, will be implemented such as the Court's final judgment. Higher authority or the Court in which the action is pending the ruling of the arbitration in the event of any revocation or a declaration of invalidity, be able to reason, to suspend the implementation of the ban or impose it, mutatis mutandis, in accordance with Chapter 10 of 20 to 26.
If the proxy is revoked or shall be declared invalid on application to the Court, are complied with, from 15 to 17 of this chapter.
section 20 of some of the other documents mentioned above under article 2 of the Protocol mentioned in paragraph 4 of the settlement agreement, child support, commitment and the amount receivable in evidence enforceability is valid, what other Act specifically provides for it.
Article 21 of the administrative decision of the administrative decision and the law of the power of a 2 under section 5 or 6 of the decision referred to in the decision of the administrative or the Management Board, which is set to pay the obligation, may be enforced in accordance with section 5. If the decision is set any other obligation, the decision may be enforced only after it has become final. However, if the decision is administrative law (586/1996) under article 31 of that decision may be enforced as a legal force without, shall apply mutatis mutandis, from 6 to 8 of this chapter. If the validity of a law is a different provision of the määrätynlaisessa case management on the implementation of the judicial or administrative decision, it is to be complied with.
The suspension of the order and the rest of the order is in force on the implementation of the responsible, what administrative law provides in article 32 and 66. If the administrative decision or administrative decision is revoked or amended, shall be valid for a period, from 15 to 17 of this chapter.
The implementation of the set-off of the debtor, the claim of set-off under section 22 shall not, in so far as the debtor requires the applicant's claim to be checked on the basis of a claim which he had before where annex applies to final judgment or any other confers, which can be implemented as the final judgment. In addition, the conditions for set-off is also otherwise be met before where annex applies.
Set-off shall enter into force when the debtor shall inform the set-off claim to the bailiff. The notification shall be made not later than the time when the debtor has received the document for an executive order. The applicant shall be notified that the bailiff will give receipt requirement.
pursuant to article 23 of the law of set-off claim of a third party Unless otherwise provided for, the rest of the third party to whom the payment of a claim, is notified where annex applies to the ban, has the right to be acknowledged by the debtor, be saatavallaan, of which he was a final judgment in this case or any other confers, which can be implemented as the final judgment. In addition, the conditions for set-off is also otherwise be met before sanctions the prohibition of payment. Receipt does not, however, be carried out to the detriment of the ranking of creditors.
Set-off shall enter into force, when the third party announces a set-off claim to the bailiff. The notification shall be made immediately after the payment ban tiedoksisaannin. The bailiff must provide to the debtor a receipt requirement.
If the balance is sold to ulosottotoimin, the third party is a right of set-off in relation to the buyer only if the third party has notified to the set-off claim to the bailiff before the sale.
The date on which the period of temporary nature of section 24 of this Act, a natural person is referred to confers a set payment obligation shall be enforceable in a period of 15 years (the amount of time to execute). The period of 20 years, if the creditor is a natural person referred to in ulosottoperusteessa or if the claim is based on a criminal offence of which the debtor has been sentenced to a term of imprisonment, supervision or community service. (10.4.2015/408)
If the debtor demonstrates, that is, before the adoption of a natural person other than to execute the other moved to the natural or legal person, as referred to in sub-section 1, the deadline is 15 years.
If, within the time limit to recover a claim to execute is delivered to the garnishment or to be notified of the time limit referred to in Chapter 5, on sale, up to obtain the payment of the funds does not prevent the passage of ulosmitatuista.
section 25 of the calculation of the time limit to execute the period shall be calculated from the time the judgment or a judgment which has become final has been given to the Court or other confers.
If the obligation begins only after the date referred to in paragraph 1, the obligation to execute the start of the period is to be calculated. The programme shall be subject to the payment to be established by the Court of Justice, however, what provides.
the number of the extension of section 26 of the Creditor may bring an action before the Court against the debtor and the claim to execute the extension. The Court may order the amount of time to continue for 10 years, calculated as of the end of the original period of limitation on the liability of obsolescence or the final law pursuant to article 13 (a), whichever is the earlier. The continuation of the subject is that the debtor has essentially made it difficult to raise the payment of the creditor in such a way that he is: (19.12.2014/1125) 1) concealed or donated property;
2) added the number of wrongly liabilities;
3) concealed information or provides false or misleading information about the financial situation in bankruptcy, ulosotossa, of the debts of a private individual or company reorganisation proceedings; or 4) other similar activities that may be inappropriate, clearly set up to organize an economic position to the detriment of creditors.
The amount of time to execute, however, cannot be allowed to continue, if it can be considered in terms of the debtor to be unreasonable.
Concerning the extension of the deadline for the application to execute must be raised not later than two years after the end of the initial period or the final expiration of the limitation on liability pursuant to article 13 (a), whichever is the earlier. (19.12.2014/1125) section 27 Of the extension of the limitation period and the Balance will expire, when the amount of time it takes to execute. The claim is then in effect, what the expired debt provides for debt limitation Act (763/2003).
The amount of time to execute the judgment, which after the completion of the payment obligation, the debtor will continue to set as it was at the end of the expiration of a period of limitation on debt or claim in the final act, under section 13 (a), subject to the payment, or any other equivalent after the fact. The debtor's obligation to pay shall enter into force immediately and is valid until the end of the extended period. The legal force of the judgment shall be enforceable as provided above in this chapter. (19.12.2014/1125)
The amount of time, in which to execute the judgment before the end of that period is extended, it is confirmed that confers a right until the end of the extended time limit shall be final and binding. The force of the law on the basis of the judgment is enforceable in the Member State, as the original law confers a power to the Court.
To execute extension does not affect the position of the other responsible for the same debt.
section 28 of the notification of the Court and of the court bailiff's certificate, which has been raised in the proceedings provided for in article 26, shall immediately inform the bailiff for the enforcement information system.
The bailiff shall, at the request of the debtor and the creditor to execute a certificate stating that the amount of time and the meaning of section 26 of the end of the period for bringing an action, and the action has not been raised. The certificate shall be issued, if the necessary information is obtained from the expense of the information system, or otherwise, without the need for any investigation. Interested parties must be given the necessary information and documents to the bailiff.
Chapter 3 General procedural provisions on access to justice, section 1 of the application for Enforcement Ulosottoasian Enforcement is requested: 1) a written application, which will be forwarded to the defendant's place of residence or the seat of the bailiff or the rest of the local bailiff;
2. by means of an electronic message that is delivered to) the local bailiff, which is used to receive the electronic message system;
3) by means of an electronic message, which will be forwarded to the technical use of the expense of the national information system, where the Swedish enforcement administration of the Kingdom or its designee issued the authorisation to the applicant (the applicant for your system). (26 June 2009/521)
A written application, the applicant or, if he is not drafted, its author to be signed for.
section 2 of the Ulosottohakemuksen content of Ulosottohakemuksessa shall be: 1 the name of the applicant, the person-or) statutory registration number, the notification provided for in article 38-address, telephone number, and in the implementation of the obligation to pay a settlement to your address;
2) the man's name, address, and telephone number, if the applicant uses an agent, and the agent of the person or company name, if the agent has the right to raise funds or to take possession of the property;
3 the name of the applicant) known to the defendant the person or company name, address, and telephone number;
the amount of the claim, as well as the interest of the applicant 4) for the purpose of calculating the post previous to execute or ulosottokerran repayments amounts and dates;
5) to execute the identity, if it under section 5 of the left without the application or if, in accordance with article 7 confers a right to be delivered after the fact.
If the debtor is responsible for the applicant's claim, or a part thereof, and the second from ulosottoasia is already pending, or will be, at the same time, the application shall be notified, who is responsible for kihlakunnanulosottomiehenä, or in the second case where the issue is, or who is the debtor.
If the applicant wishes to settle for merely to comply with a court order referred to in section 105, it must be requested explicitly in the application. Other than the narrow enforcement applied for in the application or later pursue is to ask for their claims in the passive registration referred to in article 102. If the decision of the Management Board of the interface is requested, the application shall contain the provision that the implementation is based on the. The applicant may indicate that his contact details are secret.
On the certificate on the debtor's varattomuutta without ulosottohakemusta provides in section 99.
section 3 of the applicant's obligation to report the information if any of the application, the data that have changed with later changes, the applicant shall, without delay, inform the bailiff.
The applicant is obliged to inform the bailiff of the contributions that he has received, other than the expense. Otherwise, the execution can be suspended or cancelled.
section 4 of the completion of the application, where appropriate, the advice and the bailiffs will advise the applicant in the proceedings. If the application is incomplete, the applicant shall be advised within a time limit to complete the application, if it is necessary for the proceedings.
section 5 attaching the application to execute the application shall be accompanied by the meaning of section 2 of Chapter 2 of the original or a copy of a copy of the authority confers a right that, if the applicant has received a copy of the shipping document. The implementation can be provided on the basis of a copy of a copy of, or, if the bailiff is of the opinion that there is no risk of useampikertaisen recovery. The defendant shall, where appropriate, to be consulted. Information system to be provided by the applicant the information on electronic message, ulosottoperustetta, where the latter is permitted in the relevant authorization.
You do not need to attach to the application a solution, which is the data passed to the bailiff of the Court from the obligation to notify some solutions Act (373/2010) in accordance with article 4. Unless otherwise required by a bailiff, the judgment, order, or decision or, if provided for by a Ministry of Justice regulation, you do not need to attach to your application, change the ulosottoperustetta if ulosottoasia has been on the basis of a previously pending. (05/14/2010/397)
That part of the judgment, in accordance with the decision of the Court, which is to be kept secret, there is no need to connect to the application, unless otherwise required by a bailiff.
section 6 of the proof of debt securities into the application
Running a promissory note, Bill of Exchange or a cheque, on which the obligation to pay is based on the ulosottoperusteessa provided for, shall be accompanied by the original application. If the reliability of the implementation of the it requires, or if the defendant so requests, the bailiff comes to take over the ordinary promissory note. The bailiff may provide implementation, even if an ordinary promissory note is lost or does not for any other reason can be added to the application. In this case, the debtor shall be consulted prior to implementation.
When the obligation to pay is fulfilled, the bailiff, the bailiff's notes and bonds held by the proof of the will, unless the debtor to request it for themselves. If an ordinary promissory note has been filed by the applicant, the applicant shall submit it to the debtor, when the amount of the promissory note has been completed. The bailiff shall, where appropriate, to delay the Bill until the promissory note has been provided.
section 7 to execute and presentation of notes and bonds in arrears If the application is made in electronic form, but it should be attached to the written proof of the debt securities, confers a right or missing document may be submitted after the fact. The document must be delivered to the bailiff responsible for referred to in article 13, or to the rest of the stipulations of the local bailiff within three weeks. At the same time be informed of the application document is related to.
Before the document is reached, the case will not be carried out other than those referred to in articles 18 and 19 of the provisional measures.
section 8 Question period Ulosottoasia will be initiated when ulosottohakemus arrives at the expense of the information system for the local bailiff or, if later it is found that the conditions in question.
If the application shall be accompanied by a document arrives 7 beyond the period specified in the section, but before the application documents have been returned to the applicant, the date of the document ulosottoasia will be on the day of arrival.
section 9 of the ambiguity of the authenticity of the bailiff to execute the judgment, so unclear If detected or incomplete, that it is to find out where the defendant has the obligation, the party is controlled by the complaining. With regard to the rest of the party to execute will be directed to execute the giver.
If the spelling or calculation error confers contains, any party will be directed to ask for bug fixes to execute antajalta.
The guidance given to the bailiff shall, where necessary, to impose a safeguard measure at the request of the applicant in accordance with section 13, Chapter 8.
Attorney and Assistant section 10 the right to use the agent and Assistant Ulosottomenettelyssä be used for the proxy and counsel, subject to the rest of the financial regulation, provides otherwise. If the delivery is considered to be called at the request of the defendant, to him, is to be given an opportunity to ask the Assistant to the site, if this may arrive without delay.
As an agent, or as an Assistant to not act, Chapter 1, paragraph 16, of the bailiff.
Article 11 of the agent in a power of attorney a lawyer, public counsel and the information system reported by the applicant in the case of one after the other, without a power of Attorney, if represented by a bailiff. A proxy representative shall produce a declaration signed by the rest of the power of attorney on behalf of his principal, unless the right to act as an agent to be able to keep the epäilyksettömänä. Increasing the funds or property over all thing must be to explicitly document or the application of such rights shall be notified to the information system.
A power of attorney may also be secured by means of an electronic message, and other than lifting the funds or assets seized for taking the document also by fax.
The Swedish enforcement administration of the Kingdom or its designee may, at the request of the creditor to determine that the power of attorney shall be deposited with the expense of the information system to demonstrate the power of an agent representation, if it is obvious that the implementation of reliability. This means that you need to change the proxy credentials, unless otherwise required by a bailiff. The information system on deposit in a power of attorney shall immediately withdraw, if the request of the donor. Article 12 (26 June 2009/521) other than the applicant's agent in Finland if the applicant lives abroad and he has not announced a service address in Finland or abroad, the applicant shall have an agent resident in Finland, which has the right to her, in turn, to receive information on the implementation of the.
Velalliskohtainen ulosottoasioiden processing of section 13 of the bailiff and the bailiff responsible for the same engagement kihlakunnanulosottomies handles all the same defendant in non-litigious (bailiff). Corresponding insured has jurisdiction throughout the country.
Arrived at ulosottohakemus as soon as possible after the beginning of actions necessary to be guided by the corresponding to the bailiff.
determination of the criteria for the section 14 of the bailiff, the bailiff is determined in accordance with the corresponding regulation of the Council of State, provides for. The criteria shall take into account the defendant's place of residence or place of business or the effective control of the defendant's other interests. If there is a number of the conditions mentioned in the options, the bailiff is determined by the implementation can be most appropriately delivered. You can focus on certain specific, non-litigious bailiffs giving that work at the time, in so far as equivalent ulosottomiehinä.
The determination of the bailiff shall not be subject to appeal.
the change of article 15 of the bailiff bailiff, the bailiff responsible for the case shall be transferred to the new Council regulation for the State of the circumstance, on the basis of which the bailiff is determined, responsible for the changes. Incomplete delivery or otherwise soon terminated the implementation may, however, be placed on the end of the official aid, unless it is more appropriate to transfer the new corresponding to the bailiff.
Section 16(1) of the bailiffs ' cooperation, mutual assistance, at the request of the other bailiff bailiffs will give him assistance and necessary information. The bailiff may request the assistance of the responsible, if it is appropriate, taking into account the expense of the effectiveness, the distances between towns and other similar factors. The accumulated funds may not, however, settle the post-aputoimin. Assistance from the requestor should ensure that the amount does not exceed the borrower's payment obligation, collected and give it up for any other binding instructions.
section 17 of the Simultaneous execution of multiple notes and bonds, or proof of if it confers a debtor, the bailiff, which confers a right in a manner consistent with the common, first arrives in the evidence, or is in possession of notes and bonds will ensure that the amount collected does not exceed the obligation of debtors and give it up for any other binding instructions. For each of the funds remitted by the bailiff must settle.
The measure is subject to the conditions in section 18 of the Act to be a consultation as soon as the forward bias, where annex, the lack of clarity relating to the ownership of the document, or as a result of an interim measure, the bailiff may carry out, if necessary in order to safeguard the continuity of the implementation of the. The interim measure shall not be performed if it is likely that the debtor's obligation to pay is extinguished. Interim measures may be carried out in or register the marked area. Interim measures may also be imposed on the debtor of a contingent in the search for the property, if there exist legitimate reasons for the väliaikaistoimeen.
An interim measure must not jeopardize the livelihoods of the debtor or a third party, or livelihoods. The withdrawal of the interim injunction and carried out shall be notified to the concerned.
section 19 Väliaikaistoimena to run an interim measure, the bailiff may take the property of the debtor or a third party, to dispose of the property of the prohibition, or equivalent, is required for entry to the registry, ask for the prohibition of, or to carry out other similar to arrange security for the fixed assets transaction.
For an interim measure to be carried out in the rest of the bailiff and the bailiff of kihlakunnanulosottomies engagement within the exclusive competence of the fact.
An interim measure has the same effect as ulosmittauksella. Väliaikaistoimeen shall not be subject to appeal.
section 20 of the withdrawal of the measure is an interim measure shall be revoked as soon as the operation is no longer possible, and no later than three weeks after it was issued. If the work has been suspended, the work is to be withdrawn no later than one week after the fact, when the bailiff of the debtor of the claim at issue was information or other assets. If the subject of an interim measure to be distrained, the work shall be deemed to be withdrawn ulosmittauspäätöksellä.
Implementation of article 21 of the implementing the requirement of delivery the delivery shall be kept and the expedition of the other implementation measures to be carried out without undue delay. However, the implementation is delayed, if it can be considered as the suspension of the respondent's interest and cause greater harm to the applicant limited. If the editors at the time-limit laid down, it has to be respected.
section 22 of the delivery address unless otherwise specified, the implementation of the delivery shall be considered official in the room, the location of the location of the property, the bailiff, the bailiff in the place of delivery or to fit in with the winner of the other State or in a place. Ulosmittaustoimitus can be regarded as an interim measure and without the defendant or a third party to run this in the apartment, as provided for in article 49 and 51, and the rest of the transaction referred to in this law, if it is necessary for the implementation of the.
Referred to in subparagraph (1) shall be considered as the delivery location or place it immediately, with the area to the extent necessary for the proper implementation of the delivery.
pursuant to article 23 of the Publicity, the presence and the implementation of the delivery order is not public, unless otherwise specified.
The defendant, by the third party, called the delivery and delivery may be, is entitled to be present in the shipment. Scope of delivery ' absence will not prevent delivery.
If the proper delivery of the shipment to prevent the implementation of, the bailiff may urge him to leave the place of delivery, with the exception of the permanent eviction process does not, however, no one in his apartment. Subject to the call of the non-compliance, the bailiff may request the assistance of the police or to steer itself away from the scene of the person. The power of the means laid down in article 83.
section 24 of the personal data for the implementation of the obligation if it is necessary, the bailiff will get to find out the identity of a person. Anyone who is on-the-spot delivery of the bailiff is obliged to inform it ask for a name and address. If the information submitted, the bailiff may request the assistance of the police to establish the identity.
Article 25 of the Protocol of delivery shall keep the minutes of those meetings, if a claim is made or in the shipment, or if it otherwise appears. Otherwise, the delivery will be to make the necessary notes.
Be recorded in the opinion of the opposing party claims, requirements, and received a statement in such a way that the main factors affecting the parties and a third party rights are established. The remainder will be made, taking into account the quality of the entries in the considered necessary. Instead of statements of the Protocol can be used to record. Recording shall notify the person concerned prior to its commencement. The simple fact, the minutes can be used to make ulosmittauspäätökseen, or any other document.
section 26 of the Toimitustodistaja the bailiff can be called as a witness in the delivery, if it is deemed necessary. Otherwise, the delivery will be considered without a witness, unless the defendant present in the request, that the witness is called to the scene. In the absence of the bailiff of the defendant is not allowed to go to the defendant's apartment without a witness. This provides for a time, also applies to the right of a third party, which may relate to.
The witness must be accessible. His name shall be recorded in minutes or the rest of the document.
Article 27 of the signing of the document, the bailiff must sign its Protocol, as well as the decisions adopted, calls and messages. The signature can be mechanical, in which case a document of a data-processing technique shall be entered in the appropriate officer of the name, title and contact information.
The obligation of section 28 of the bailiff's decision to do a written and reasoned decision, the bailiff shall make a written decision on the matter, if so separately. In addition, the bailiff shall make a written decision, when he set a payment or return of the obligation or the adoption of a security threat or to decide the nature of the case, or if it otherwise requires. If the matter is unclear or open to interpretation, should be in accordance with section 29.
A reasoned written decision shall be made at the time when the statement or claim shall be rejected and the matter is unclear or open to interpretation. Otherwise, the decision shall be notified to the oral argument or the claimant. However, if a claim or a claim in writing and ulosottomieheltä will be asked to the decision, the bailiff shall make a written decision on the case is justified.
The written decision shall be marked in a separate decision document or a simple fact, the implementation of which shall be drawn up in the minutes or the rest of the document.
the contents of article 29 of the decision, stating the reasons on which a reasoned decision must contain the statements and reports on the case and acquired, to the provisions on which the decision is based on the facts of the case and the quality, sufficient justification for taking account of and the importance of the parties and the end result.
section 30 of the time of the adoption of that decision and in response to the appeal of the claim, or to make a decision will be made without delay after that, when the claim or the claim is presented. If the claim or the claim applies to a specific implementation or delivery, the bailiff may postpone the adoption of its decision.
An appeal from the opposition or by or in cases of unsolicited supply, the requirement applies.
How to obtain the report and the period of validity of the decision, article 31 of the Bailiff is to obtain a decision on behalf of the public authorities to do the report for ulosottomenettelyssä to the extent reasonably available. The opposing party or the applicant must present the documents and other evidence on which he relies on the according to the.
Consultation and notification section 32 Hearing If this law, that the bailiff is to consult someone, the person concerned shall in advance to reserve the opportunity to be properly heard. The fact that the relevant connection information cannot be identified or consultation from the rest of the similar reason, does not prevent the continuation of the implementation of the.
The bailiff shall, in the cases provided for in other than specifically to hear the party or a third party, if the matter is expected to be for this important role and consultation.
The person concerned shall be consulted if the issue is essential for the new report.
33 section Vireilletuloilmoitus after the application is received at the corresponding to the bailiff, the defendant shall, without delay, give the vireilletuloilmoitus. Notice need not be given if the defendant's whereabouts have not been established, or there are reasonable grounds to believe that the implementation of the Declaration of substantially more difficult. The notification shall be recorded: 1) to the vireilletulopäivä and the necessary management information;
2) kihlakunnanulosottomies and his contact information;
3. in accordance with the law the right to prevent the collateral of the debtor), making implementation;
4), moving a call or other ulosottoperusteessa compliance with the obligation of the invitation;
5) contact invitation and an opportunity to be heard;
6) a statement that the non-toistuvaistulon garnishment can be delivered without prior notice to you, and the debtor's right to property ulosmitattavaksi or any prior notification and an invitation to the delivery of the attachment ex officio;
7) other information deemed necessary.
Under paragraph 1, the 1, 2 and 7 that contains the information referred to in paragraph vireilletuloilmoitus shall also be given to the applicant, if the matter will be dealt with in a country other than that of your local ulosottoviranomaisessa, where she is the application submitted. Your system is given in vireilletuloilmoitus, or other similar message, in accordance with the relevant permit.
section 34 of the attachment ex officio prior notification and an invitation to the delivery to the debtor where annex applies shall not, without prior notice to you. Notice need not be given if the vireilletuloilmoitus has been given and not ulosmittaustoimituksessa toistuvaistulon judicial or if the debtor is present. The Declaration also does not have to give, if the debtor's whereabouts have not been established, or there are reasonable grounds to believe that the implementation of the Declaration of substantially more difficult. The content of the notice provided for by regulation of the Council of State. The indicative notice, the debtor has at the same time, be involved in the delivery, except if the bailiff's official ulosmittaustoimitus will be held in the room or the delivery time or place is not impossible.
The applicant is called ulosmittaustoimitukseen, if it is necessary, in order to obtain the information or for any other reason, the defendant's apartment, however, only if it is for the implementation of the necessary. Subject to the objections, the delivery will also be referred to as an outsider, which is provided by the opposing party, or by the claim, or the delivery, otherwise it is found.
At the invitation of the supply other than the one where Annex specifically provided for.
the provision of article 35 of the Protocol, a copy of the minutes shall be delivered or afterwards, if a party or a third party, which may be at the request of the right delivery. If a copy is issued retrospectively, it shall without delay and in good time before the expiry of the appeal period. If the delivery is not required to draw up a Protocol, the bailiff must provide the corresponding information. The Protocol shall be communicated to a third party, without the right of delivery are detected by the pyyntöäkin.
Article 36 notification of the decision of the second delivery of a copy of the final act shall be provided, or the corresponding information to the parties and a third party in the second declaration, it is found on the right of the decision, unless the decision a copy of the document is delivered. Ulosmittauspäätöksestä shall be communicated to the applicant, if it can be considered to be necessary.
Other than the delivery of the decision or action is given a posteriori notification if so separately or when a written reasoned decision was in response to the claim or otherwise keep a notification or, if the bailiff is necessary.
If the debtor has not been vireilletuloilmoitusta and not notice, he or she is in the context of the Declaration or otherwise, in hindsight be given an opportunity to show other property ulosmitattavaksi or set possible. Ex-post notification shall, without delay, in such a way that the person concerned will have the opportunity to ask the Court to an early stage of the implementation of the possible suspension.
Notification under section 37 of the document general provision unless otherwise provided for in this Act to the contrary, of the notification of the consignee, if applicable, in effect, what the Administration Act (434/2003) 56 – 58 and 68. The communication should seek to ensure that confidential information remains confidential.
The document will be communicated orally or in some other appropriate way, if it is known that the recipient is not an injury or other cause of disability, unable to receive the change notification.
This law shall be effected by or under the law of the foreign State concerned, subject to the obligations of the international agreements binding on Finland and otherwise.
the address of the Applicant for service article 38, a collateral provider as well as the argument or claim provided by the third party shall be obliged to inform the bailiff to at home or abroad if they so wish, to the e-mail address as well as any email or other address, in which all the documents relating to the ulosottoasiaa and ulosottovalitusasiaa gets him off (service address). If this address changes, it is also to be indicated. The respondent reported vulnerabilities could be used as a service with the consent of the.
To the bailiff of the person referred to in subparagraph (1) above, the paper provided by the e-mail address and the information system the applicant, an authorization to the use of the notification referred to in the technical contact shall be considered.
Article 39 the ordinary service of the document shall be served by giving it to the consignee or by sending to the address for service. Unless the service address, the document will be sent to the address indicated in the population information system, unless it is known that the recipient reside in the at. In the latter case, or, in the absence of the recipient's address in the population information system is not possible, the document will be sent to the other 48 within the meaning of section at the address specified or known in the home country or abroad. Instead of sending the document can be left in the mail in the appropriate place. Subject to notification by other means fail, the document may be served by word of mouth.
Tiedoksisaannin shall be deemed to have occurred in the absence of proof to the contrary, at the time when the electronic message has been sent, or on the seventh day following that of its publication, when a document is delivered mail to be transported or left to the mail in the appropriate place. The sending or the filing date is an important document.
section 40 of the formalities concerning the service of an evidentiary document must be used in accordance with the method in section 41, if the rest of this Act so provides and the recipient reportedly lives in Finland. At the discretion of the an evidentiary documents can be delivered in other situations, if the point of view of the implementation of the subsequent phases or the party is significant that shipment of the legality of the decision, or is due or will be resolved quickly.
If the notification referred to in article 41 to succeed at the time, to be reasonable, taking into account the document the document is served in accordance with the sijaistiedoksiantona, mutatis mutandis, to the administrative law provides in article 61.
Subject to the service of the work within the meaning of paragraph 2, a copy of the document will be sent to the recipient's address, if it is known. The rest of the notification does not have to take. Then in the ulosottovirastossa stored in the recipient's available.
41 section Todisteelliset the methods of formally adopt the document: 1) will be delivered by post with acknowledgement of receipt;
2) will be sent to the letter, if it can be assumed that the recipient receives the information from the document and the date of receipt of the notification by the number of returns it;
3) will be given to the consignee or his signature on receipt of the lähetilleen in person;
4) is given to the recipient in person for information haastetiedoksiantona; or, with the agreement of the recipient of the 5) is to be transmitted on a secure electronic message.
The post office is to be notified when an acknowledgement of receipt shall, not later than the date of notification to take place. With the consent of the recipient of the service of the acknowledgement of receipt may be supplied also by fax. Tiedoksisaannin shall be deemed to have occurred when the acknowledgement is returned to the Commission by fax or by any other means.
The shipment, with a party or a third party is not present, he shall be deemed to have received the certified data at that time.
Article 42 the judgment in the context of the implementation of the appropriate service If it is not acceptable, the bailiff at the request of the applicant, the defendant will be ulosottoperusteena the legal force of the judgment by default. A copy of the judgment, the applicant must, where appropriate, shall provide to the bailiff.
Approval of the guarantee the guarantee section 43 If someone is this according to the law, the security shall be lodged with the Party adopted, the bailiff shall adopt a decision on the adoption of the security.
Security can be a pledge or guarantee. The guarantee shall be replaced by a joint and, if there is more than one guarantor, jointly and severally. The bailiff of the placed deposit is in the same position as the only side of the pledge.
44 section Exceptions from the obligation to issue the security no security shall be required from the applicant or from the creditor, which is a public body or a body governed by public law, the law on the Government guarantee fund (379/1992) intended for the asset management company or credit institution of which the solvency or is in Finland or in another State of the European economic area, subject to public oversight, nor pension. The bailiff, however, have the right, where appropriate, require the guarantee credit or insurance institution.
The law on the Government guarantee fund annetuttu 379/1992 is repealed by the repealing of the law on the Government guarantee fund L:lla 1202/2014.
the preservation and restoration of the Security Deposit of section 45 shall be handed over to the bailiff or to be deposited in his määräyksestään to the credit institution or a trusted person and deal with. The deposit of the certificate and the guarantor's undertaking shall be handed to the bailiff for safekeeping. A deposit or guarantee a commitment must be returned to the originator, once it right or requirement, in order to safeguard the security of the service, which has been taken or the judgment rejected or otherwise ceased to exist.
46 section to turn on Security If the execution of) a creditor who has lodged over the return of funds or assets received by from now on, 2) a debtor who has lodged the fulfilment of the obligation to pay a legal force, 3) buyer, who has lodged the purchase price, or 4) other, which is set in the security referred to in the law, according to the final judgment of this law or of the return-or maksuvelvolliseksi, the bailiff must make the decision to return or pay compensation. The decision shall be notified to the velvoitetulle, as well as for her security. Before taking a decision on them shall, where appropriate, to be consulted.
The bailiff shall invite the person referred to in subparagraph (1) to fulfil its obligation to return or payment. Subject to the obligation to be met, the bailiff may not sell a lien in accordance with Chapter 5 of the legitimate request for the payment of the claim and the guarantor of this charge in accordance with the law.
taking deposits for damages under section 47 of the convicted person If someone has placed a lien on the implementation of the opposite party for the damage suffered and he is not obliged to pay compensation for the judgment, it may be adopted in accordance with the request of the korvauksensaajan to set a bond, what provides in article 46.
Search for property and evidence 48 § identify the debtor's Property may not be the duty of the bailiff's discovery comes in so far as the circumstances of the debtor in order to search for a property which belongs to the payment to the applicant.
Property searching and particular Council Regulation lays down the rules for the settlement affecting the State. The bailiff's obligation to provide the ulosottoselvitys provided for in article 57.
In the implementation of the enforcement of the obligation to pay the rest of the spots will look for, to the extent that the matter, taken as a whole, can be considered to be reasonable and in accordance with the implementation of the obligation to pay, where applicable, what provided for below.
section 49 of the supply of the property to search for a valid Location to look for the debtor or his access to the building, storage place, vehicle or other indoor or outdoor space. This provides for a debtor, also applies to third parties, if there is reason to believe that her or his access to areas covered by a property which belongs to the debtor. The power of the means provided for in article 82.
The find function is carried out without the debtor's apartment that, if there is a justified reason to believe that there is a ulosmittauskelpoista and a bailiff have been able to find out enough to the debtor and not of any other property. This provides for a debtor, also applies to third parties, if there is a very serious reason to believe that the third party in the apartment is the property which belongs to the debtor. A third party must first be given an opportunity to dispose of such property, unless immediate discovery actions cannot be considered as necessary.
to find a bailiff on the person section 50 makes calls on the debtor to surrender a little more meaningful property or will be required to be wearing. Subject to the call of the non-compliance, the bailiff may take possession of the property, if he knows or has reasonable cause to believe that the property of the debtor is the kind of wearing or will be required to, and over the debtor may be taken without affecting the integrity of the person, and not in an insulting way, the bailiff of the debtor and not known to have enough of other types of property. The bailiff of the debtor to dispose of the property may be required is also subject to a penalty payment. The power of the means laid down in article 83.
What provides, also applies to property which belongs to the bailiff of the debtor, that to be on their behalf for the above or on clothing.
51 section to find the evidence and taking over What article 49 applies, mutatis mutandis, to ulosottoasiassa the necessary evidence.
The bailiff may not take any material possession of the seizure, if applicable, in accordance with what is laid down. The data is to be returned as soon as it is no longer needed for the ulosottoasiassa. The material seized not jeopardize the livelihoods of the debtor or a third party, or livelihoods.
Information to be provided to the debtor's obligations to disclose information under section 52 to the bailiff of the debtor is required to notify the bailiff ulosottoasiassa truthfully, when in order to obtain the information necessary for the implementation of the asking: 1) to the person and contact information, as well as ulosottoasiassa the necessary information on the family relationships, as well as on the living persons;
2 information on the property and other assets,) their income and debts, as well as existing shareholders of the company or membership in any other of his wealth in an impressive position, in the community;
3) information on the changes over the next year is probably to be expected in the event of a referred to in paragraph 2;
4) information on how the pay-or other toistuvaistulo, as well as information from the job and the employer or other income of the payer's contact information;
5 the obligation to supply information where) is the subject of or to the bailiff to be an object or document;
6) information assets position of the active agreements and commitments, as well as property, which is in his possession or control, or any other similar criterion or by virtue of the agreement;
7) data for a consideration or free of charge of payments made for the luovuttamastaan property, and legal acts, if the information is necessary in order to determine whether the property can be reversed to comply with takaisinsaantikantein, as well as the organisation of the procedure, or other measure which is treated as a charge having an effect equivalent to such action;
8) other similar information concerning his financial position and its activities.
53 section Tietojenantovelvollinen of the natural person, the Debtor is a natural person in tietojenantovelvollinen. If the debtor is a Trust Act (442/1999) for the trustee, this is required to provide the information to the extent that the debtor's assets is his care. Tietojenantovelvollinen is also the one that, in fact, lead to or have led to the debtor's business or handle or has handled the debtor's assets.
With regard to the estate, the tietojenantovelvollinen is it with the nest. If the nest is yhteishallinnossa, the shareholders of each heir is a tietojenantovelvollinen.
54 section Tietojenantovelvollinen, on behalf of the community, on behalf of the community or of the Foundation for the information of the debtor is required to provide: 1) a person who acts as a Government or as a member of the institution or its equivalent is the Managing Director or equivalent position;
2), a person who is personally responsible for the obligations of the community;
3), a person who has the right to write, alone or in combination with the name of the community or of the Foundation's work;
4), a person who, judging from the circumstances, actually leads to a community or the management of the Foundation's activities, or to take care of it or on the property.
Tietojenantovelvollinen is also in the case referred to in subparagraph (1), which has been in a position to request the data of the previous year.
If there are no persons referred to in paragraph 1 or 2, tietojenantovelvollinen is a person who has recently been in a similar position.
section 55 of the debtor's employees and the auditor of the debtor's employees, as well as of the community or of the Foundation's auditor are required when asked to give a role to which the information referred to in section 52, if the bailiff is of the opinion that the data are necessary for the implementation of the, and no data is not otherwise available.
56 section describes the data the bailiff may acquire the information in free-form or by submitting a ulosottoselvityksen tietojenantovelvolliselta. Ulosottoselvitys can be supplied in relation to a person referred to in section 55 only for a special reason. If the latter refuses to give information, the bailiff may oblige him to it immediately or within the time limit, on pain of a fine.
Tietojenantovelvollista is a ulosottoselvityksessä and, if necessary, free-form data are obtained, to be reminded of the truth and that the false information or data encryption may result in a penalty.
Section 57 of the bailiff's obligation to submit to the ulosottoselvitys Ulosottoselvitys should be delivered to ulosottoselvitys, subject to the creditor to the debtor's financial situation, the full and kerry not otherwise reliably. If ulosottoselvityksestä is before the opening of the worn: 1) for up to six months, the ulosottoselvitystä do not have to be provided, if known, that circumstances have changed;
2) for more than six months, but no more than a year, the ulosottoselvitys must be submitted, if it considers it appropriate in the circumstances, may be considered;
3) more than a year, the ulosottoselvitys shall, unless it is not manifestly excessive.
If the notification of the debtor's wages or other toistuvaistulo is, ulosottoselvitys must be submitted, if it is the subject of new applications for the award or for any other reason. The bailiff will, at least once a year to check the amount of the amount of toistuvaistulon to the debtor, unless it is manifestly unnecessary.
58 section Call ulosottoselvitykseen call ulosottoselvitykseen Bailiff shall, not later than two days prior to the tietojenantovelvolliselle. Tietojenantovelvollisen for me to enter an appearance in person.
The statement can be delivered without the consent of the tietojenantovelvollisen, or where the invitation is a legitimate reason. Even then, be given an opportunity to properly ascertain the implementation of Tietojenantovelvolliselle is the accuracy of the data provided.
in order to ensure the arrival of the article 59 if the application of less coercive If there are reasonable grounds for suspecting, that the way to comply with the delivery of tietojenantovelvollinen and ulosottoselvityksen is the implementation of the necessary for the purpose of, the bailiff shall order the tietojenantovelvollisen to come to settle in the collection. This decision shall be communicated to the tietojenantovelvolliselle as 40 and 41. If it is successful, the service will deliver the message to a man, if this is used in the case.
Unless the tietojenantovelvollinen arrive at the ulosottoselvitykseen, at the written request of the bailiff, the police will need to have him on the scene.
Instead of retrieving the bailiff may impose the penalty of tietojenantovelvollisen to ulosottoselvitykseen.
the provision of article 60 of the Ulosottoselvityksen way to Ulosottoselvitys will be delivered by the Protocol for the answers, which tietojenantovelvollinen to give the bailiff your questions. In addition, tietojenantovelvollinen may be required to draw up a list of the debtor's assets and wealth, income and debts, or to provide the information necessary for such a list. The presence of the Assistant may be prohibited or made subject to conditions if the stance of his presence.
Protocol or list shall be tietojenantovelvollisen for review, and it is a major repairs and additions requested by him. Tietojenantovelvollisen will sign the agreement in the form of a book, and the list be taken for the accuracy of the statement in its data.
The simple fact, the ulosottoselvitys can be delivered by tietojenantovelvollisen to answer questions by telephone or by other suitable means. Ulosottoselvityksestä will make the necessary entries in the document.
the duration of the suspension under section 61 Ulosottoselvityksen Ulosottoselvitys and should not take any longer than is necessary to obtain the necessary information, without the consent of the tietojenantovelvollisen for a continuous period of more than six hours.
At the risk of leaving the Ulosottoselvitykseen from the ulosottoselvityksestä is received or the collection to prevent, if necessary for the implementation of the ulosottoselvityksen is. The rest of the tietojenantovelvollisen exit to prevent, if it is the implementation of the delivery of the very weighty reason and prevention of the exit can be considered, in the circumstances, unreasonable.
If the bailiff took the view that the cause of the disease or because of any other similar tietojenantovelvollinen in a position reasonably to meet tietojenantovelvollisuuttaan, the shipment has to be moved in part or in whole to a later date.
Article 62 obligation to dispose of the material to the reporting entity accounts the debtor in possession or qualified to do so is required for the transmission of the bailiff's behest, to hand over the ulosottoselvityksen: 1) to the accounting books, vouchers and other accounting records;
the management of the Foundation and the community or 2) documents relating to the contracts and other records;
3) other activities related to the debtor's business or professional documents and recordings.
Article 63 penalty ulosottoselvityksessä If tietojenantovelvollinen refuses to ulosottoselvityksessä or the person referred to in section 62 refuses to disclose it, the bailiff shall oblige him to it immediately or within the time limit, on pain of a fine.
To the third party and the authority to disclose information under section 64 general provision in addition to any other law, the bailiff has the right to set out hereinafter, notwithstanding the provisions on secrecy, free of charge, information, documents and materials, if they are necessary for the implementation of a single ulosottoasiassa. The need to evaluate the bailiff. Information may be given in the technical user. State resources can be used to pay compensation for the costs incurred in setting up and maintaining the connection to use.
National Office shall have the right to obtain the information referred to in subparagraph (1), the terms and conditions set forth therein and to release them for use by the individual ulosottoasioissa, if such a bailiffs giving centralized information is appropriate. section 65 (26 June 2009/521) sensitive personal information and external information From data is to avoid a situation where the bailiff seized has non-personal data Act, section 11 of the ulosottoasiaan referred to in sensitive personal data, access to social welfare benefits, with the exception of information about the debtor.
The bailiff has the right to obtain the information required, while at the same time reveal information about the financial position, the third party unless that information is otherwise available.
to disclose information to the third party is a third party, when asked, 66, § inform the bailiff: 1) does he have a property which belongs to the debtor in possession or otherwise control and the quality of the property;
2) is the debtor or the debtor's claims and claims from him by the payment of accounts and volume, as well as from the business and the debtor to access to your account;
3) is he done with the debtor in favour of, or to, a legal action, which may be of interest in the search for the debtor's assets, and the content of the legal act;
4 increase the income and fringe benefits) of the debtor information, information concerning the working time, the criteria for the payment of the entry, as well as the contact information of the debtor, that he is aware of, which acts as an employer or payer of income;
5) debtor's address and phone information, as well as other contact information, which he or she is a tv or mail operator.
The provisions of paragraph 1 of subsection 2 shall also apply to the future, the commitment to fulfill the claim, if it is given or any other legal basis was born, as well as the amount of the claim, or is unclear or conditional. Paragraphs 1 to 3 shall also apply to the procedure, agreement or any other action that may be deemed equivalent to a right of action, which is having an effect.
The third party is liable to pay the bailiff's behest, to present the agreement referred to in paragraph 1 of point-or the rest of the document, as well as the other material immediately. The bailiff has the right to take the document and a copy of the documentation. Credit, financial or insurance institution shall not, other than the authority to express whether the bailiff made inquiry referred to in this article.
section 67 of the authority and the authority to disclose information to the public and which performs a public task, shall, on request, inform the bailiff in any case by spontaneous exchange,: 1) the debtor's assets and wealth, income, debts and other financial information relating to the status of connections;
2. the conditions of employment of the debtor's employment and relations), information on pensions and economic activity;
3. the information of the debtor's address and telephone) as well as other information necessary to contact you.
If the tietojenantovelvollinen is in relation to the debtor in the case referred to in paragraph 66, he is also in accordance with the said section shall be obliged to supply information.
Article 68 disclosure to be a penalty if the third party referred to in article 66 refuses to give information, the bailiff shall order him to provide the information immediately or within the time limit, on pain of a fine. Unless that information to get from the other way, the bailiff, the bailiff shall order him to appear before the penalty of civil servants in the room or in a suitable place to give information.
The bailiffs the right to disclose information under section 69 (26 June 2009/521), the bailiffs of the document provided for in the general provision for the openness of the Act on the openness of government activities. In addition to what the law provides for the right of the said or other bailiffs or the obligation to disclose information, notwithstanding the ulosottoviranomaisella has the right to disclose information as provided for in sections 70 to 73. Information may be disclosed to the other bailiff for the management of the Ministry of Justice, as well as ulosottoasian and the performance of the tasks of the Agency in the administration of the Kingdom for the Swedish Enforcement Administration. The openness of the information deposited and the disposition of the Ulosottorekisteriin provided for in Chapter 1 of this Act.
section 70 of the penal investigation-and some of the other authorities and the courts must provide bailiffs Ulosottoviranomainen a document in a particular case the respondent's identity and contact information, as well as the respondent's financial position and activities: 1) the Prosecutor and esitutkintaviranomaiselle crimes, to face preliminary charges, the prosecution and the Court, as well as for the prevention of serious crimes in advance;
2) FIU, the performance of the tasks laid down in the law;
3 to the public prosecutor for consideration of the conversion of the fine, penalty);
4 the protection of police and pääesikunnalle in order to draw up safety reports), turvallisuusselvityslaissa (726/2014) in the prescribed manner; (19.9.2014/741) 5), to public prosecution and the imposition of a ban or an extension of the esitutkintaviranomaiselle business for the examination and the monitoring of compliance with the ban on police business;
6) the goods declared and presented to customs law (1466/1994) set out in the regulations; (22.5.2015/637) 7) performance of the tasks provided for by law, the bankruptcy attorney; (9 November 2007/987) 8) to the Immigration Department in the Citizenship Act (359/2003) for the tasks provided for in the regulations. (9 November 2007/987)
The bailiff may be disclosed to a court referred to in subsection 1, the implementation of the takaisinsaantiasian, ulosottovalituksen, for the handling of the dispute and the necessary information relating to the ulosottoasiaan. What Article 73 provides for the disclosure of the relevant information, does not prevent the Court of ulosottomiestä ulosottovalituksen and for the handling of the dispute, even if the implementation of the provider of the information to exercise his right to refuse to give evidence.
In the present case for the purposes of this section as a result of a crime, for which there is no provision for a lighter penalty than imprisonment for four months.
The information referred to in this article may be disclosed to the public by electronic means.
71 section Ulosottoviranomainen issued by the tax authorities and public aid may in a particular case to give, on request, the bailiffs of the document identification and contact information of the defendant and the defendant's financial position and activities information, if the information is necessary to: 1) for use in proceedings for the taxation of the tax authority; or 2) unemployment benefit or other government grants, subsidies or other benefits to the issuing body or authority, or to a public body or to the rest of the community or to the Foundation for such a thing.
This information is for no particular reason shall be made available, upon request, if the document is about more than four years. The information is to be disclosed in the manner provided for in Chapter 1 of primary ulosottorekisteristä. The information may be disclosed to the public by electronic means.
72 section spontaneous provision of information if you have any reason to suspect, that the defendant or third party may have been guilty of the prosecution the result of the implementation of the Protocol annexed to the ulosottomenettelyssä or otherwise under substantially present a threat to the criminal offence, an offence or any other offence carrying, which is not provided for a penalty of more than four months of imprisonment, the bailiff shall, on its own initiative, to release information under section 70, referred to in paragraph 1, the authority for the purpose referred to therein.
The bailiff shall, on its own initiative, may also provide information on 70 of section 5 – 7 the authority referred to in the end, if there is reason to suspect that the defendant or third party may be guilty of an offence under the official prosecution. The bailiff may not be notified of suspicious transactions to the FIU.
On the own initiative of the information may be given to the authority referred to in article 71, the community, or to the Foundation, if there is reason to suspect that the defendant or third party may have been guilty of the Penal Code (39/1889), chapter 29, section 1 – 4 or referred to in the public benefit.
In any way the information will be destroyed as soon as the data referred to in paragraph 2 and 3, when they are not needed, unless their retention is not justified.
73 section prohibiting some of the info on the bailiff may not hand over the information, which is essentially derived from: 1) to the person who is entitled to refuse to give evidence as a witness in the proceeding or the fact, unless the disclosure of his or her consent, or not to be entitled to give
2) debtor when asked about 6 to 8 article 52 as referred to in point, if the response indicates that the debtor may have been guilty of any offence, other than the ulosottomenettelyssä and information disclosure placed her in the proceedings for the prosecution; or 3) from a third party, if the information relates to the abuse.
The bailiff on the right to disclose information to an applicant under section 91 provides for. The above, applies to the data, regardless of whether they are otherwise covered by the obligation of professional secrecy.
The threat of a fine 74 § set the penalty, the penalty for which the bailiff under this Act to set a fixed monetary amount, or is placed in such a way that the amount of the penalty determined by the passage of time (running fine). Periodic penalty payments are set by peruserä and uhkasakolle fixed Special Edition for each decision to be declared for the period (a penalty), within which ulosottoperustetta or bailiff's decision have not been complied with. If in the event of a breach of the prohibition on periodic penalty payments is set, Special Edition can be ordered instead of the passage of time for each infringement.
Unless otherwise specified in this law or enforce the setting of ulosottoperusteesta, a penalty, in addition, where applicable, are complied with, what penalty the law (1113/1990), section 6 (3), as well as 7 and 8.
75 section consultation and notification prior to the setting of the penalty, the bailiff shall be consulted, unless it significantly hamper the implementation of the injunctive.
The document, in which a set fine, must be given to them as section 38 or 40 and 41. If it fails, the document will be sent to the address obtained by the other to find out or communicated to him, if this is used in the case. However, no-one shall be condemned to pay a penalty to the extent that personal notification is a doubt.
section 76 of the new threat of the fine setting of the bailiff may set a new penalty, even if the penalty imposed has not been convicted of in the past. In the past, however, lapse, unless a penalty set the bailiff service at the same time, a new penalty for the District Court to the Court for its decision to apply for an earlier report the penalty.
section 77 of the bailiff's appeal decision on the setting of the penalty may be appealed. The appeal does not postpone the obligation to comply with the obligation imposed by the bailiff on the person concerned. The bailiff may rectify its decision in accordance with section in Chapter 10, paragraphs 1 to 5, and article 12 of Chapter 11.
Article 78 of this law, the application of the penalty of the sentencing of Chapter 11, section 2 of the District Court referred to in the application for payment by the bailiff, the bailiff condemns the threat of a fine. If the penalty is set to enforce the ulosottoperusteessa, the bailiff may apply for a conviction to the Court of Justice of the penalty asettaneelta.
Prior to the submission of an application referred to in subparagraph (1) the bailiff shall consult the injunctive, if it is necessary. The bailiff shall notify his decision concerning the conclusion of the velvoitetulle of the application.
the conditions for the Payment of the conviction of the Court of Justice article 79, with the bailiff retrieves the threat of the fine to be paid to the condemnation, will on its own initiative, to examine the correctness of the decision made by the bailiff on the penalty issue. The threat of a penalty are sentenced to pay, if the obligation has not been fulfilled or it is broken without a valid reason. In addition, where applicable, are complied with in the condemnation of the penalty, what penalty the law, section 10 of the Act and article 11 of the law provides. If periodic penalty payments is set by imposing special edition for each infringement, additional items expire, any decision to the peruserän the penalty three times from those breaches, kerroilta, that was before the decision on the sentencing of the periodic penalty payment to be made.
The threat of a fine may be ordered to be paid, even though the Declaration confers a penalty or the bailiff did not become final.
section 80 of the penalty the Court condemnation of the penalty the Court shall apply mutatis mutandis, what chapter 11 of section 15 (1) and (2) and article 19. The Court may order the enforcement of a decision to suspend a bailiff's penalty to the extent applicable, in accordance with Chapter 10 of 20-26. If the application is rejected, the State may be by reason of the bailiff's order to pay the reasonable costs of the proceedings.
Before being sentenced to pay a periodic penalty payment, injunctive must be consulted.
81 section's enforcement of the decision of the District Court decision, in which the penalty has been sentenced to pay, can be applied, unless the Court of appeal, mutatis mutandis, in accordance with Chapter 20-10 section 26 of the Act provides otherwise. The validity of the notification of the decision, however, the property is sold only to Chapter 2, section 5, in the cases referred to in paragraph 2. The Court of appeal decision, in which the penalty has been sentenced to pay, is valid, what provides in Chapter 2, section 10 of the.
The power supply of the means of implementation of article 82 bailiff has the right to force while searching for the implementation of the ulosmittauskelpoista property of the other, or in case the premises needed to implement, where appropriate, in order to reach the settlement, or to open or for the supply of locks and doors, as well as the implementation of avauttaa uses a similar force in so far as they can be, given the circumstances, finds, as well as to get the assistance of the police. However, the person concerned shall be given an opportunity to work for themselves, subject to the implementation of its result is not compromised.
Article 83 the person against the force If the bailiff points of resistance, which seeks to prevent the implementation of, or substantially hinder it, the bailiff has the right to obtain the assistance of the police. The bailiff will get resistance when confronted with itself to use the resistance necessary for the implementation of the task force, the quality, resistance, taking into account the situation of danger, as well as other peoples can be considered.
Committed as a result of the use of force provided for in the Penal Code, Chapter 4, section 6 and section 7 of the Act.
In essence, the section Takaisinsaantiperusteet and to set aside 84 REM creditor the right to be treated as a legal or it defamatory, a procedure facility or any other measure having equivalent effect to a decision of the Court of Justice annulled the applicant as a result of the action comes to the estate (758/1991). On the due date referred to in the said law is in this case, the ulosottoasian vireilletulopäivä. The expense of the applicant and the third party may also require that the interest rate, the compensation provided for in the law, as well as the consideration and return to their country of origin or of the obligation. Except as otherwise provided below, withdrawal, this is, mutatis mutandis, to apply that law.
85 Takaisinsaantiväite the expense of the applicant may require the article aside and consideration for the removal of the obligation to return the argument concerning the implementation of the takaisinsaantiperustetta counter or any other right of a third party in the proceedings, which requires a valid destination. The applicant may submit a takaisinsaantiväitteen also ulosottovalitusasiassa, which calls for the annulment of the right of a third party on the basis of the implementation of the action.
What this law applies, mutatis mutandis, takaisinsaantikanteesta, takaisinsaantiväitettä.
86 § Rem ulosottoasian Rem may be brought after the pending case, when the ulosottoasia is referred to it.
If the ulosottoasia is pushing for the expense of the proceedings, the claim, the applicant must submit a declaration to the court bailiff, the opinion of the applicant, whether there will be a vireilletulopäivästä and be likely to accrue from a debtor of the estate or not, that can be attached over the next six months. If the full uptake is expected in that time, the action is inadmissible.
section 87 Rem ulosottoasian pendency after
Rem must be raised within six months of the section 95, paragraph 1, of the date of the certificate referred to in subsection barrier. Toistuvaistulon, through precautionary garnishee wages or other time-limit shall be calculated from the expiry of the two-year period, subject to the stipulations of the barrier the certificate has been issued before. If the seizure has been contested, the rem must be raised within a period of six months after the annulment of the judgment has become res judicata, be valid.
If the question is who acquired and not of the magistrate to the partition of the book, takaisinsaantikanteen be allowed to raise, within a period of six months, when a fragment of the book is given to the magistrate.
88 section to set them aside and terminated in insolvency proceedings if the creditor applies for a period of three months from the execution of bankruptcy, business restructuring or adjustment of the debts of the procedure is a judgment prior to the bankruptcy or restructuring or strengthening of the payment plan expired or velkojasta johtumattomasta the number of days is determined by the recovery can therefore concluded, in accordance with that procedure.
89 section Peräytyneen is liable to seizure by the third party to dispose of the property that is the object of a specific right to peräytyneeksi as well as the compensation of the sentenced person, and the interest rate to the bailiff. Of the resources referred to above, is the first of the amount to be deducted, in accordance with the decision of the Court, which is to be paid to a third party. Of the remaining funds in the amount of which is equivalent to the applicant they meted out, in which he had been hauled, as well as the applicant confers a takaisinsaantikannetta takaisinsaantioikeudenkäynnissä doomed to the costs of the proceedings. The operation of the realisation of the property is sold, as provided for in Chapter 5. Any surplus must be returned to a third party.
suspension of implementation of section 90 of the Court of Justice, which deals with the takaisinsaantikannetta of the assets referred to in the application, may prohibit or impose on it. The order is in force, to the extent applicable, Chapter 10, section 20-26.
91 the applicant information section, the bailiff shall, without delay, inform the applicant that the value of the claim, taking into account the importance of the issues, as apparently there is a book, which may give rise to the application for bankruptcy in order to set the takaisinsaantikanteen, or the rest of them corresponding to the specific action of his claim. The applicant must also be given with regard to the possible ulosottoselvityspöytäkirja and other necessary documents. The bailiff may be issued to the applicant under section 73 is also 1 and the information referred to in paragraph 2. The applicant is not allowed to use this information in order to circumvent the restrictions of the code of evidence or the prosecution. The bailiff must remind the applicant statement.
The ban on the performance of the conditions for the granting of credit in section 92 of the ban if it is established that the debtor has, apparently, in order to avoid the expense of the luotollista account, or other materials submitted to the corresponding borrowing to raise credit or more credit and controls access to their claims or joining such an account, the bailiff of the debtor, to the detriment of ulosottovelkojan, prohibit the paying back or otherwise after the date of the prohibition by the encountering any form of credit. The ban is also communicated to the creditor. The debtor has been informed of the ban on the performance of a credit or the additional credit, which the creditor is notified of the ban after getting to market a MasterCard account or a similar credit in the form of the debtor in the context of or.
The debtor and the creditor must be consulted before the adoption of the prohibition referred to in paragraph 1, unless it significantly hamper implementation.
the legal effects of the prohibition in section 93 of the above is contrary to the prohibition referred to in article 92 is ineffective. The lender is permitted to use the services of the credit referred to in the prohibition, nor set-off an amount recovered to the extent that the services are responsible for the ban after the terms tiedoksisaannin or more credit.
The lender is required to turn the operations carried out by the Act to the bailiff has lost its bite. The defendant did not, the quantity may be liable to the creditor on the basis of the decision of the bailiff's ban.
The end of end of end of the pendency of the settlement Payment under section 94, the obligation of the pendency ulosottoasian lis pendens shall cease when a bailiff shall settle the accumulated funds (final settlement). The settlements will be the pendency to protest a settled. If the funds are settled, the lis pendens ends only when the right to them is finally settled. The same applies to the issue, in which the creditor has been released.
the end of the barrier to the certificate subject to article 95 in respect of the Pendency have accumulated full performance (need a barrier), or the whereabouts of the debtor, either no information (bankruptcy-and the lack of a barrier), the applicant shall be given a certificate.
Also, when the payment of the obligation in question, as referred to in subparagraph (1), other than the barrier ends, the applicant shall be given a certificate.
The date of issue of the certificate of lis pendens Ulosottoasian ends with a barrier.
96 other than payment obligation other than the obligation of the payment ulosottoasian lis pendens shall expire when the bailiff has completed the implementation measures implementation of the hardship faced by the end of the or issued.
the impact of the bankruptcy of ulosottoasian vireilläoloon 97 section at the beginning of the bankruptcy of the pending implementation of the payment obligation of the ulosottoasia, which is not possible owing to the bankruptcy of the resume, the start of the bankruptcy proceedings is not more than the next six months. Ulosottoasian, if the bankruptcy before that is canceled, lapse or otherwise ceases to exist.
the contents of the certificate under section 98 an obstacle to Hurdle the certificate shall in case the main measures carried out. The bailiff's certificate must be signed by a barrier. The certificate may be issued by electronic means.
99 section Need a certificate without a commencement of the Creditor, which may be the probability that he or she has to be the debtor, have the right to, without ulosottohakemusta to get proof that the debtor under section 95 on the meaning of the barrier the licence was issued the request during the previous six months and where Annex not after this. The certificate may be issued by electronic means. The name of the person requesting the certificate, as well as balance and its basis must deposit the expense of the information system.
the end of the licence under section 100 the pendency to the defendant, at his request, be signed by the ulosottoasian of the bailiff's certificate stating that the lis pendens is finished. The payment obligation of the certificate is a significant amount to be recovered and it is inherited and, whether it is to be registered in the passive. More ulosottoasiaa with the reason for termination of the licence or certificate shall identify the pendency.
On the expiry of the certificate of eligibility to execute the implementation provided for in Chapter 2 of section 28 of the Act.
section 101 a small residual balance if the applicant's claim is the settlement after the remaining up to the low amount of money provided for in the regulation of the Council of State, the bailiff must not leave it to be recovered and to put an end to the settlement. This shall not apply to the child and the future maintenance or interest.
Passive to be made available under section 102, the obligation of payment of the registration If the passive ulosottoasian lis pendens on the ends referred to in subparagraph (1) of section 95 to the barrier, it would be recorded at the request of the applicant, ulosottorekisteriin passive available. This request must be presented during the pendency ulosottohakemuksessa or later. Passive tag does not continue to be available from ulosottoasian "lis pendens".
The passive of the registration is valid for a period of two years from the date of the certificate of the obstacle. The end of the period of validity shall be communicated to the applicant, unless this is not in the other.
Within the context of the request for registration shall be deemed to apply to all the ulosotossa the request, unless the applicant in respect of a claim to cancel. The period of validity of the registration period shall be calculated as of the last obstacle for the simultaneous ulosotossa.
103 section Garnishment passive to recover a claim, a bailiff is under no obligation to seek the whereabouts of the debtor, the debtor's property which belongs to the or to explain the passive claim. However, if the ulosmittauskelpoista property is found, it will be seized in order to carry out the claim, unless there are inactive. Passive ulosmittauspäätöksellä or ulosottoasia on a claim will be brought before an interim measure. If necessary, after the end of the balance shall be entered in the pendency of a passive registry, if the registration time is left.
The property, which is the notification in order to carry out, the claim may not be alone in passive selling and funds in order to carry out the claim in the case of settle the demand for passive before it has been checked.
section 104 of the creditor's obligation to carry out the claim of the creditor will be valid after the supplied passive shall inform the bailiff within a time limit, and within the meaning of article 1 of the claims. Otherwise, the garnishment may be withdrawn. At any other time at the request of a creditor will lodge his claim in the amount of bailiff. Otherwise, the claim can be deleted from the register of the passive layer. The creditor is responsible on his own initiative to inform the bailiff, if the passive to be wholly completed.
Limited application for probate section 105 and item
If the applicant wishes to settle for limited for failure to comply, it must be requested explicitly ulosottohakemuksessa. If the debtor is liable for the same debt, limited to comply with a court is possible.
The strict ulosotossa can be attached to the tax withholding tax return, as well as other toistuvaistulo, or the State Council regulation provide for the property, which does not need to be converted to cash. The bailiff must search for this kind of property by checking the information about the debtor's assets registers and run any other similar function as the State Council regulation.
The whereabouts of the debtor will need to figure out and other than those referred to in paragraph 2 of the act as a regular ulosottoasiassa.
the applicant can withdraw the request for revocation of section 106, the strict application of any restriction on disclosure of information to the debtor, the execution of the property will look like in the standard ulosottoasiassa.
If a fact is were confiscated property that must be sold, and the bailiff of the ulosotossa estimated that the compact to be recovered to be had from the whole or the privilege of the State, taking into account the provisions of Council regulation would be awarded on the higher the number, the applicant will be laid down in to inquire about the essence of any restriction on disclosure of information, revoke his narrow.
the effects of the Limited enforcement of section 107 of the vireilletulolla has the same legal effect as the standard ulosottoasialla. In place of the certified statement shall be given a certificate of need barrier an obstacle, according to which the debtor is not found sufficient property, which can be the subject of limited enforcement. The whereabouts of the debtor, unless either no information will be given by a certificate, in addition to lack of awareness. After the limited enforcement of the claim may not be included in the amount owed to the passive layer and takaisinsaantikannetta to be able to raise.
The provisions of article 108 of the supplementary assistance from any other authority, the Police and other authorities are obliged to provide the necessary assistance in the implementation of the bailiff.
Kihlakunnanulosottomies may request the assistance of the other authority, if the matter is urgent.
section 109 of the expert the bailiff may use experts, if this law so provides or if there is a special need to clarify, or equivalent accounting records, in order to carry out the task.
An expert may not act as a person who is a party in a matter or ulosottoasian in relation to that his objectivity or reliability can be considered at risk. The bailiff shall, as appropriate, in accordance with the laws of confidentiality be observed experts.
The use of the expert, the costs incurred shall be valid, Chapter 9. Costs, however, can be a special reason, in whole or in part, to leave the State of the public.
in the cases provided for in article 110 of the monitoring trustee separately, the bailiff shall be placed on the administration ends. Administrator's must perform over the property carefully, comply with the provisions of the bailiff's report given to him by the actions they take.
Toimitsijasta is otherwise valid, what the experts provided for in article 109.
section 111 claim for compensation from State funds through State resources can be used at the discretion of the Court to pay damages to the person concerned or to a third party, if the liability of the State could be considered as a clear or payment of the compensation was reasonable. If the compensation received would have been able to apply for compensation from the other, the State shall have the right to demand reimbursement of the amount of the latter.
section 112 of the interpretation in addition to the provisions on the right to interpretation in other parts, the bailiffs will be available, as far as possible, take care of the translation, if a party or other person that comes to this according to the law, to hear the language used, or because of a failure of the sensory or speech can not be understood, and the interpretation is necessary in order to clarify the issue, or to protect the rights of the person concerned. Interpretation costs are chargeable to the State.
notice of section 113 in respect of the minor if the ulosottoperusteena is a judgment in a civil case, and the debtor shall be the person who is less than 18 years old, the bailiff comes to the stipulations of the notification of the debtor, notwithstanding the provisions on secrecy, make a case for the potential of the home by the law on guardianship authority of the guardianship referred to in article 91. The Declaration is not to make a claim for compensation claims. Execution is suspended for as long as is necessary.
Less than a 15-year-old borrower is given in Chapter 1, the certificate referred to in article 31 and article 32 luottotie operator.
Chapter 4 the definitions of section 1 of the general provision and Claims Payment of the obligation in question Confers, which is set in the monetary payment obligation shall be implemented in such a way that the applicant in order to carry out the required amount of the claim to the debtor in the manner provided for in this chapter, the property which belongs to the will. The proceeds of the assets were confiscated and will be settled as provided for in chapters 5 and 6.
In order to safeguard the continuity of the implementation of the bailiff shall be separately provided for in cases referred to in Chapter 5 and 6 of the attachment ex officio without further action (by a garnishment).
If the payment obligation is tavaramääräinen, and not the kind of stuff to be found, the applicant will be given a certificate, unless the ulosottoperusteessa not set obstacle to the secondary obligation of payment in kind.
The provisions of this law provides for a lien, also applies to a right of retention, the holder shall have the right to keep the deposit.
section 2 of the Pay Pay pay, remuneration, benefits in kind means assets of every kind, as well as other benefits and compensation, which can be employed in relation to the law, as well as advance (1118/1996), under article 13 of the other benefits referred to in paragraph 2. Ulosmittaamatta is left to just using their own tools, reimbursement of travel expenses, and other costs necessary for the execution of the job. The employer's benefit, or by value is based on the stock exchange quotation or shot in the points, will be attached.
Wage provisions shall also apply to: 1) pension, sickness allowance and other social benefits and salary in lieu of compensation, to which ulosmittaamista is not a law;
2) compensation to be paid to a natural person the right to the patent, copyright, and any other similar law or;
3) scholarship and other similar resources, which a public entity or public utility Corporation or Foundation has granted to a natural person, unless the recipient of the funds have been allocated, click that section 19, subsection 1, paragraph 6, in accordance with purpose.
section 3 of the Ship and the ship means a ship mortgage law kiinnityskelpoinen car (211/1927) from the beginning, and then change the mortgage and the meaning of its lien. What the ship, also applies to the attachment to the aircraft (211/1928) of the aircraft and any other aircraft of the mortgage and its lien.
Kiinnityskelpoisella or coach ' means a vehicle mount (810/1972) a mortgage referred to in cars and other auto and its lien.
the scope of application of the provisions of article 4 of the Property of What the property shall also apply to the real estate industry and the number of the number of parts, as well as, where applicable, the kind of land lease right or other permission, which can be maakaaren (540/1995) section 19, Chapter 1: according to the draw.
The time limit for payment of collection letter and article 5 of the adoption of the payment provided for in Chapter 3 of the call for payment under section 33. Collection letter sets a deadline, in which case the debtor is the latest to be carried out by the applicant to the bailiff. Interim measures and, where appropriate, the tax refund garnishment will be delivered before the due date.
If the call to give a notification property that is to be changed into cash, the debtor will be an opportunity for the applicant to carry out the second hand book.
If the debtor pays the claim, no later than on the day of the deadline for the collection letter to the opening of the will not be marked in Chapter 1, the certificate referred to in section 31.
section 6 of the time limit for payment of the claim by the applicant, unless the debtor to pay the amount on the day of collection letter set, shall be forwarded to the garnishment. The bailiff shall, however, at the request of the debtor time to pay for a special reason, time to pay the claim if the debtor is likely to pay. Payment time can be given for a maximum period of three months from the date on which the amount of the collection letter. It has been agreed to by the applicant, if the debtor shows the payment period may be longer than the time the application for raukeamatta to this, however, is not more than six months. If necessary, the bailiff shall be the period within which the payment should safeguard the attachment ex officio.
Without the consent of the applicant to the bailiff may not allow time for payment of the alimony to be recovered, if it is a child.
The decision on the payment period shall not be subject to appeal.
the allocation of resources in accordance with the request of the debtor, section 7, if the debtor is the use of the resources of his payment in lieu of a specific debt, requested resources shall be allocated in accordance with it. The right of the applicant to the ranking, however, must not be violated without important reasons or substantially jeopardize access to the payment by the applicant of the same ranking position. After the debtor has paid money to the bailiff in accordance with article 83, they are otherwise the same as ulosmitatut resources.
The position of the target and a third party under section 8 of the foreclosures Foreclosures destination
Foreclosures can be an object or the right of the debtor, who can be identified, and that is the value of the property, subject to the Act prohibited by a property ulosmittaamista. Garnishment to cover also the object of ingredients and props, as well as the ulosmitatun property of the attachment ex officio after maturing in the return, rather than the future of the property.
Claim can be seized, even if the debtor is still not the final estimates of the right, if the claim is sufficiently identified in the agreement, or where the debtor has applied for the performance of the contract or on the basis of the law on the other.
a third party belonging to a third party under section 9 of the property may not be seized, except if it is the applicant's claim or to execute the equivalent of the debtor or of the material part of the ulosmitattuun object in tarpeistona.
Yhteisomistusesineen seizure provided for in article 73.
section 10 of the debtor, the debtor's movable property held by the management of movable assets can be seized, unless the third party click or otherwise, it turns out that the property belongs to a third party. The same applies to the kind of tangible movable property, the property of the debtor which is entered in a public register.
Article 11 of the joint management of the debtor and a third party the personal property in the common management of the sale of movable property shall be deemed to belong to them in equal shares, unless the third party click or otherwise, it turns out that the property belongs to the exclusive or of the said more to him.
section 12 on their behalf for the purposes of the management of the movable property held by the debtor of the pledged movable property belonging to.
If the debtor's right of ownership have not been settled, but it is likely to be the criteria, the property will be seized. In this case, the dispute shall be proof of implementation.
the importance of section 13 of the Act, to which the debtor is the roar of the real estate title, will be seized and their ingredients and tarpeistoineen, unless the third party click or otherwise, it turns out that the property belongs to him, or that a certain object of his omistamanaan belong to the property.
What, under the law, also applies to the right of or right to use the land lease posting.
section 14 of the artificial arrangement, the argument that the property belongs to a third party does not prevent the ulosmittaamista property, if it is found that the third party position 1) is based on a wealth-or the rest of the organisation, which of the legal form is not responsible for the actual character or purpose, taking into account the debtor's available to the owner of the control to be compared with the power, the owner of the action organization of the benefits comparable to those of the debtor and other similar things, and 2), in order to avoid the expense of a legal form of a property in order to keep out of the reach of creditors, instead of 3) the applicant's claim is likely to otherwise get the amount the debtor within a reasonable time.
Where annex, however, must not be included if the third party involved in the arrangement may be the probability that a garnishment violates his real right. The bailiff of the debtor and a third party is in an appropriate manner to be consulted as well as, where appropriate, the applicant shall, unless it significantly hamper implementation.
What provides, for the good of the debtor's assets, also applies to the organisation. Chapter 64-68 3 provides information regarding the debtor, shall also apply to the third party referred to in this article. The bailiff be allowed to inquire about information relating to third parties, if there are reasonable grounds for suspecting that there is in this section referred to the arrangement.
Conditionally and released 15 of the property estate, which, according to the agreement, the debtor has received a conditional, may be attached. The donor's right to take account of the sale as provided for in section 26, Chapter 5. If the share of the debtor's rights, shall be considered as valid as the donor.
If the debtor is handed over to a third party and the applicant is not the property of real estate conditionally lien, attached to the debtor's purchase price is just right and the rest of the transferee.
Ulosmittauskiellot and ulosmittausjärjestys to section 16 of the ban on the kind of Unnecessary foreclosures property may not be seized, of which the applicant or applicants would be awarded on the value of the property and a number of other conditions, taking into account the amount of keep after the implementation costs, ulosottomaksut, as well as claims by, which has been carried out.
If the garnishment is detected only when sold into the property of the itseoikaisuna, the bailiff must cancel the debt, if it is possible.
section 17 of the Intake minimum If the property is ulosmitattuna, to recover a claim, and in respect of the applicant, would be awarded a bailiff took the view that the amount of the assets of the Council of State regulation laid down in the low, property is not liable to the applicant of the claim at issue. However, the claim to be recovered, if the property will be considered to be an excessive residue. Toistuvaistulon, through precautionary garnishee said the minimum amount shall be calculated according to the following six-month period.
section 18 of the Movable or immovable property belonging to the Pirstomis ban must not be attached separately to the ingredients, the props or returns. However, the movable object can be attached separately to the ingredients or the props, if the right of the debtor and the creditors who it applies to, agree. The whole object is to be regarded as ulosmitattuna, until separation is provided. The amount of the sale, in the field of ingredients and props individually on the property provided for in section 65 of Chapter 5.
If the debtor's movable or immovable property, it shall not, without the consent of the debtor liable to parts in such a way that the remaining value of the asset to the debtor becomes useless or decreases substantially.
section 19 of the other ulosmittauskieltoja, in addition to what the rest of the law, shall not be liable to: 1) a grant or compensation costs, which have been granted pursuant to the stated purpose of the pension or social legislation;
2) compensation for pain, suffering, which is carried out, or any other temporary or permanent harm, injury or damages for medical expenses, funeral costs, or any other person for any damage incurred;
3) state the remuneration of freedom from loss or expenses;
3. (a) the delay in the proceedings by the State or international) of the European Convention on human rights established by the supervisory body of the non-economic damage resulting from the breach of a refund and compensation costs; (May 29, 2009/365) 4) the child of the future maintenance or the remuneration of the death of the debtor;
5) property which according to the law, shall be made available;
6) such that a public entity or public utility Corporation or Foundation is granted to a natural person to be used for the purchase of the property referred to in article 21, or studying, research, or other activities you want to compare the costs to them;
7) funds, which is in accordance with the laws of the collected from the public in accordance with paragraph 6.
The first subparagraph of paragraph 6 and 7 do not apply to funds that are intended for the cost of living. In addition, paragraph 6, shall be subject to the condition that the debtor is accountable to the use of the funds of funds.
the period of validity of section 20 of the Ulosmittauskieltojen under section 19, 1 – 3, 6 and 7 are valid for a period of two years referred to in paragraph ulosmittauskiellot receipt of the assets taken over, with the exception of the permanent damage from the compensation, for which the ulosmittauskielto is valid on a permanent basis. A prerequisite for the validity of prohibitions is that the debtor had assets separate from or you can make them with a report on the accounting, or equivalent. Toistuvaissuorituksissa ulosmittauskielto on the remaining payment. The future of maintenance for the child, and the ulosmittauskielto shall be valid as long as the maintenance, the need is there.
section 21 of the Erottamisetu If the debtor is a natural person, the seizure must be separated: 1) the debtor and his family used a normal household as well as in accordance with a reasonable need for personal items;
2) object, which is a particularly great sentimental value to the debtor or his or her family, if the separation may be considered, taking into account the reasonable value of the object;
3 the necessary tools, as well as to the debtor of the debtor) or the members of his family needs in school and study materials;
4 the objects of the Council of State regulation) for the work equipment equivalent to a reasonable amount of money and the conduct of the reasonable value of the animals, if they are necessary in the interests of the debtor and his daughter Alexandra in order to ensure the livelihood of members of the family dependent on;
5) regardless of the value of the property referred to in paragraph 4, if the debtor acquires its entry in order to carry out the claim of the applicant with adequate and separation to be contrary to the interests of the appellant or otherwise be considered if the applicant agrees to the separation;
6) the debtor's financial resources or other assets corresponding to the protection provided for in article 48 and the amount to be puolitoistakertaisena for a month, unless the debtor has no equivalent;
7) such authorisation, the benefit or the right to the use of the property referred to in paragraph 1 to 5 or recovery as referred to in those paragraphs, as well as the required compensation of property, if it is used for the purchase of the corresponding property.
In addition to the States, the seizure will be separated from the other objects, if the separation can be supported by the debtor or the members of his family on the basis of the sickness or injury. The family's erottamisetu is also valid of a decedent's estate.
The seizure of property, the applicant shall not be separated from a lien, when a fee of the claim secured by the property.
How to obtain a replacement item If section 22 section 21 1 of the value of the object to work equipment referred to in paragraph 4, the Council of State of the assimilated clearly exceeds the amount of money provided for in the regulation, the object will be confiscated and sold. The purchase price shall be returned to the debtor of the amount of money referred to in this regulation to obtain the replacement object.
Prior to the sale of the debtor is to be consulted. The amount of the reversal of a decision shall be notified to the debtor.
section 23 of the pull of the object by a garnishment under section 21 the property referred to in paragraph 5, that the debtor has received the distinguished, may be prudent basis attached, if it is an object value, or for any other reason necessary to dispose. Ulosmitattua property may not be sold as long as the inputs may be attached as required by that paragraph.
section 24 Ulosmittausjärjestys distrained in the following order: 1) cash or monetary or salary, pension or other toistuvaistulo;
2) other movable property;
3) fixed assets;
4) property that the debtor needs to lead his dwelling place in or necessary for their livelihoods, as well as the continuation of the debtor's business or professional activities, the necessary means of production.
If the property is in the same place in the ulosmittausjärjestyksessä, the property of the selected ulosmitattavaksi in accordance with article 25.
derogation from article 25 of the Ulosmittausjärjestyksestä Ulosmittausjärjestyksestä shall be permitted, if the parties so agree: 1);
2) so as to avoid any divisive property to the detriment of a third party ulosmittaaminen or garnishment;
3) or of the applicant is already in the past were confiscated assets to be run without access to the other creditors of the payment;
4) certain property liquidation is difficult or intake is likely to be bad or if the execution of the essential ulosmittausjärjestyksen compliance with or otherwise cause the delay, specific cost or other sizeable inconvenience to the applicant; the property of the debtor, or a 5) indicates ulosmitattavaksi, and the garnishment is contrary to the interests of that provided for in paragraph 2 to 4.
If the applicant is entitled to the assets of the debtor, the security object will be attached, if the rest of the property a creditor access to the second payment of significantly more difficult for ulosmittaaminen.
Without the consent of the debtor, his property will be seized from his apartment, above all, just a compelling reason.
The procedure for the identification of item 26 of the Ulosmittauspäätös and, through precautionary garnishee distrained bailiff by ulosmittauspäätöksellä. The decision shall, without delay, an important document.
Were confiscated property must be identified as ulosmittauspäätöksessä. Movable assets can be seized, even if its location is unknown, if the asset can be sufficient to identify it without seeing.
Article 27 entry into force of the ban on Foreclosures and pay to the debtor in relation to the seizure shall enter into force on the ulosmittauspäätöksellä.
The right of claim and the rest of the garnishment shall enter into force on the suoritusvelvolliseen where he has received a written notification of the ban to run from a party other than the bailiff or fill out the obligation (interdiction). The recipient shall be required to comply with the prohibition of payment immediately. If your right is based on the rolling on the promissory note or document, in relation to the entry into force of the garnishment will be suoritusvelvolliseen when the ban was issued, and the bailiff has received it.
The content of the prohibition laid down in more detail the State of payment by means of a Council regulation.
the continued payment of section 28 of the ban and the ban on the payment of the fee may be given as a continuous abroad when the garnishment of debtor's wages or recurring in the future, a business or other income. For each batch, the entry into force of the garnishment will be when this item is in accordance with section 83 completed the bailiff.
The bailiff may send a request for payment of the corresponding to the suoritusvelvolliselle of the ban also abroad.
section 29 of the notification of the assessment and listing of the property must be assessed and listed ulosmittauspäätöksessä, except if it has already been done in the context of previous foreclosures or a preventive measure. Numerous low-value items will be assessed as a whole and list the overall. Cataloging may be used in the technical evaluation, where necessary, recording methods and experts.
section 30 of the judgment If the judgment provides for the garnishment of the property to be paid from the property, it is considered that the amounts secured by way of the property immediately ulosmitatuksi. Judgment of the Court of Justice shall immediately inform the bailiff or the place where the property is located in the information system, as well as your deposit against the expense of the registration authority, to make a statement.
The action has been weak in the creditor will need to apply for a real estate sale as provided for in Chapter 3 of the ulosottohakemuksesta. If the creditor has not applied for a sale, the bailiff shall withdraw the garnishment at the request of the debtor, if this shows that for a period of six months after the judgment has become res judicata in relation to him. The bailiff at the request of the right of withdrawal must be notified to the creditor and the withdrawal of the registration authority to be valid.
To ensure valid section 31 withdrawal ulosmitatut to movable objects. On condition that there is substantial harm to the debtor, the debtor can be left to the State to locked objects. There is no risk of freezing, unless obvious, objects can be marked or unmarked to leave the debtor's ulosmitatuiksi. If the property is in the possession of a third party notification, or to prohibit the presence of such bailiff comes to take possession of the property of a third party to hand over property, other than the bailiff.
The bailiff comes to take possession of the documents to the debtor indicating the ownership of the property, or the notification to ulosmitattuun, as well as a written pledge for books and other similar documents relating to the ulosmitattua property. (4 February 2011/99)
Unless the debtor or the third party will not share the property of ulosmitattua, or to issue the document provided for in subparagraph 2, the bailiff shall be placed on the release of which was the purpose of the periodic penalty payment.
32 section opening the document, a bailiff may apply for the amortization of the document, if it is necessary, in order to ensure the implementation of, or foreclosures.
Article 33 notifications the registry-the bailiff shall immediately inform: 1) the property and assets of the Special Court, as well as the rest of the kiinnityskelpoisen that was posted by the relevant registration authority;
2. the right to a patent and the rest of the registered intangible) by the relevant registration authority;
the seizure of 3) to recover a claim, that guarantee has been established in the business of a mortgage, the business mortgage Registrar;
the value of the share and the value of 4)-the seizure of the right to a share of the relevant book-entry Registrar;
5) on the balance sheet date of a standard option, and the seizure of the derivative financial instruments account of the agent, and in other cases the person concerned warrants the community;
6) other assets seizure to the rest of the Registrar as separately.
If more than 1 data can be saved in a public register referred to in subsection seizure, seizure, as appropriate, shall inform the bailiff comes to the controller concerned.
Registrars notifications shall state by means of a Council regulation.
section 34 and compensation, if the bailiff comes to ulosmitatusta assets proceeds from rental income, as well as the kind of compensation or other, or else to get that garnishment to cover the payment, by suoritusvelvolliselle. The right to the payment of such income or ban the recipient shall, where relevant, valid, what article 67 and 68 (2) and (3) of the article.
The bailiff comes to take care of the mature crop, subject to section 41 2. In Chapter 5, provides for the sale of the crop in article 14.
Property for sale may be postponed if the applicant within a reasonable period, to be likely to accumulate in the ulosmitatun property.
35 section Administrator's setting If the circumstances so require, the bailiff shall be placed on the Administrator's to perform the ulosmitattua property, or harvest.
section 36 of the other actions of the Bailiff will organizes ulosmitatun for the safety of the property and carry out other than those referred to in articles 31 to 35 of the Navigation Act, if it is necessary in order to preserve the value of the property, in order to safeguard the ulosmitatun the sale or otherwise, in order to ensure that the purposes of the implementation of the. The bailiff must, however, be a party to the proceedings before the Court, unless otherwise specified.
The rights conferred by section 37 of the attachment ex officio concept after the debtor is not allowed ulosmittauspäätöksen to dispose of or pledge the property the bailiff's promises to release ulosmitattua, or otherwise impose on it. Ban is ineffective as against creditors. The transferee or any other third party may, however, receive the protection of good faith as separately.
38 section concept in the community
The company's share of the rest of the community, or a valid as or after the debtor is not entitled to decide on the adoption of Community measures, as part of normal business activities that significantly reduce the value of the share or the shares. What in the community in which the debtor is based on the ownership of a substantial control. Any action incompatible with the ban is valid, what provides in article 37.
At the request of the bailiff of the debtor must make a decision as to whether or not any action contrary to that laid down in paragraph 1.
The prohibition of a decedent's estate to dispose as provided for in article 78.
section 39 of the bailiff's licence to the debtor in the notification names the bailiff can give the property to the rest of the property, or make any other similar act referred to in article 37. The permit requires that the work is appropriate and does not seem to endanger access to payment of creditors. If the property is changed, the garnishment is the difference between the prices of the assets and potential, rather than them.
section 40 of the inventory/warehouse sales where the goods were confiscated, the bailiff may give the debtor has permission to sell the items to the extent required, in the normal course of business, subject to the payment of the creditors apparently is not compromised. Garnishment is in this case, the result from the sale of inventory, as article 65, as well as the remaining inventory at any given time.
The notification of the debtor's right to sell the property in Chapter 5, section 77 provides for otherwise.
Article 41 the use restriction and the harvesting If the notification of the debtor's movable object is left over, he may use an object to its use, unless otherwise required by the bailiff ulosmittauspäätöksessä or later.
The debtor is allowed to use the ulosmitatulta property of the forest and other ingredients, as well as the home for the repair of the crop, if it matures prior to the sale date. In this case, the funds accruing from the sale of the debt is to harvest as 65.
The role of creditors under section 42 of the successive mutual ulosmittaukset were confiscated property can be attached to another applicant in accordance with the provisions of Chapter 5 of the asianosaiskeskustelu, until the claim at issue or, in the absence of asianosaiskeskustelua, the sales has been provided. Otherwise than from will be settled for those applicants whose claims the money was were confiscated when they were carried out in accordance with article 83 of the bailiff.
43 section Garnishment and seizure or any other precautionary measure implemented as a precautionary measure does not prevent where annex applies. Where a precautionary measure has been ordered to protect the property rights of a third party, the property may, however, be sold only after a precautionary measure the implementation of the decision has been cancelled or terminated.
Article 44 the security right and a special right to a lien or other security the right to the assets of the debtor shall not preclude the property ulosmittaamista of the rest of the claim at issue. The creditor, which is the basis of the notification property in possession of the lien, is obliged to provide the property immediately to the bailiff. The security right in the sale and distribution of the resources shall be taken as laid down in chapters 5 and 6.
Property, or any other special law does not prevent where annex applies. Particularly taking into account the sale of the right provided for in Chapter 5.
Income base salary, through precautionary garnishee the income base for calculating the amount of an attachable section 45 shall be calculated on the salary of the sum of the debtor's income and social benefits, through precautionary garnishee (income based). Entry to the bottom of all the debtor's wages and fringe benefits received by the fall, as well as ulosmittauskelpoiset and the instead of ulosmittauskelvottomat pensions and other salary payments to income benefits. A single ulosmittauskelpoisesta or benefit will then be attached to a regular higher rate. In the bottom of the entry are not covered by article 19 grants, allowances or other resources.
From the bottom of the income shall be reduced by the tax debtor to pay the withholding tax and pension payments and unemployment insurance payment. Other than the withholding tax in the tax, yet the results that the debtor has paid or which is maksuunpantu, is to be taken into account accordingly.
section 46 of the fringe benefits of entitlements to benefits in General, the fair value is determined by the locality according to the price.
If the number of entitlements to benefits in kind, in order to avoid the expense of salary is apparently so high, that the money will not be liable to the amount of their salary to a regular, the bailiff may give the employer a sufficient number of salary payment as of the prohibition will be payable in cash, unless the debtor can show that the fringe benefits are necessary in order to ensure the livelihood of himself and of his family, or that they would otherwise have to be manifestly unfounded. In kind, by the employer of the debtor are also considered to be a basic right of property actually use, which is essentially designed for the private use of the debtor.
Before taking decisions as provided for in paragraph 2, the bailiff of the debtor and employer, as well as, where appropriate, will consult with the applicant.
47 section if the person is working in a third party to Pay the assessment part of the unpaid or clearly smaller, apparently where annex to avoid compensation than what is generally a place where you get paid for the work, the bailiff shall, in respect of the debtor to decide what is a reasonable amount of money. Of this amount, such as wage garnishment to be delivered. The pay can be put, subject to the applicant's claim to the debtor within a reasonable time if the amount likely to be otherwise.
What provides, also applies to the solo to the debtor, if the purpose of the procedure is clearly valid. The salary, however, must not be assessed if a dividend or other similar benefits can be garnished a reasonable salary.
The evaluation of the bailiff of the debtor shall be consulted prior to the salary, and the employer, as well as, where appropriate, the applicant.
The amount of salary an attachable 48 § Protection, through precautionary garnishee to the debtor's wages to be paid to the proportion of the amount of time for the protection of the debtor in respect of the share is EUR 19.90 himself and his daughter Alexandra to your spouse, your child and the spouse of the child with regard to the next pay day of the 7.15 EUR per day. Protection share shall be calculated on the day of a month to 30.
Spouse means spouse and the marital relationship in sub-section 1 conditions live. On the debtor's maintenance person, whose income does not exceed, in respect of the share of the debtor himself recognised as valid, the protection of such children, and regardless of whether the other spouse for her to contribute. Maintenance to be paid by the debtor may be taken into account as provided for in articles 51 to 53.
Protection and the amount will be reviewed every year by the regulation of the Ministry of Justice as the law on the national pension index (461/2001).
49 section periodically to the salary of The 45 to 47 of the income referred to in the bottom of the left ulosmittaamatta: 1 the proportion of the debtor's protection and in addition to) one-third of the salary protection not supplied (tulorajaulosmittaus);
2) two-thirds of the salary if the salary is higher than the amount of the share of the debtor's protection twice;
3) less than the amount referred to in paragraph 2 shall, however, at least one half of the salary if the salary is higher than the amount of the share of the debtor's protection four times.
The provisions of the regulation of the Council of State the amount of the remuneration is based on a progressive scale for more, according to which the garnishment is provided under paragraph 1, in the cases referred to in paragraph 3.
Attachable side guards shall be calculated in accordance with paragraph 1 and 2 of the (regular).
What provides the amount of remuneration paid to the debtor already applies also to the extent that the payment is outstanding.
section 50 of the non-periodic salary Other than periodic wages will be left ulosmittaamatta two-thirds of the salary for each one. If the debtor's salary during the year is likely to consist of an average of 49 sections, referred to in paragraph 3, the garnishment will be delivered in accordance with that paragraph. In this case, the debtor shall be consulted.
51 section Substantially impaired ability to pay if the debtor's ability to pay is paid by the debtor, illness, unemployment, child support, or other special reasons, essentially, for the time being, or for a limited period to a regular salary will lower the amount of.
If the debtor has had for a long time unemployed, pay before where annex where annex applies may be postponed, unless the applicant ranking substantially compromised. An adjournment may be given for a period up to four months after the start of the employment relationship.
52 section Vapaakuukausien the criteria after the wage garnishment has been going on continuously, or almost continuously for a year, the garnishment is to be suspended for a specified period (vapaakuukaudet), if: 1) the garnishment is provided under section 49 (1) of the tulorajaulosmittauksena referred to in paragraph 1;
2 the cost of housing or other) of the debtor necessary for the cost of living is high, however the number of foreclosures after him; the suspension is for a specific cause or 3).
the number of the debtor must be given under section 53 Vapaakuukausien tulorajaulosmittauksessa two vapaakuukautta each year. At the request of the debtor, on other grounds, vapaakuukausia will be given not more than a total of three each year. With the agreement of the applicant, the application may be given for a period of up to six vapaakuukausia raukeamatta every year.
The debtor has the right to vapaakuukausia, despite the fact that the number of foreclosures is limited in accordance with the first subparagraph of article 51. At the same time, however, there can be no give, as well as on the basis of the vapaakuukausia that limit the number of foreclosures.
Other than the amount of time the amount of wage garnishment shall be suspended in accordance with the respectively, mutatis mutandis, to this article.
section 54 of the alimony to be recovered if it is the kind of child maintenance or to be treated as a claim for compensation, which is due to the constant (liquid child support), the higher the number is attached to a regular, if it is necessary to carry out the maintenance of the payroll through the corresponding. If, in addition to running for the recovery of maintenance in the past due to maintenance or other assets in order to be valid, the amount does not exceed the amount of the corresponding payment of salaries through maintenance. The debtor must, however, always leave at least one-third of the wages and the proportion of the security may be seized. Other than the amount of time you must leave at least one-third of the salary for each salary ulosmittaamatta.
If the wage garnishment to be delivered under running or overdue child support or alimony and the rest of the claim, the debtor may be given under section vapaakuukausia or 51 of the suspension referred to in paragraph 2, the only compelling reason.
section 55 of the patent and copyright remuneration, which shall be paid to a natural person the right to the patent, copyright, or any other similar right or the use of the left ulosmittaamatta two-thirds of each lot, unless otherwise specified.
The procedure for payment of remuneration under section 56, through precautionary garnishee Wages, through precautionary garnishee to comply with a ban on pay, how far-reaching the quantity is calculated from the recipient of the payment, and the ban are obliged to pay the amount to the bailiff. Fee income in the other income shall be notified to the bottom of the prohibition, the impact and the amount of benefits, the share of the debtor's protection as well as other relevant information.
At different times, on the basis of the salary provided to the ulosmittausten will be given one payment.
The bailiff must, upon request, communicate to Chapter 3 of the notification provided for in section 38 addresses.
the period of validity of the prohibition under section 57 of the payment and the amount of time to change the Fee ban is in force or for an indefinite period until the bailiff in writing notify the payer of wages from the end of the ban. If the circumstances change, the prohibition of payment of bailiff's ban on the prohibition of the payment of the new payment will change.
Payment ban is valid for 47 in the cases referred to in sections until the bailiff shall be addressed to the continuation of the recovery, that the conditions referred to therein are no longer due to changed circumstances.
Garnishment and child support payments are running to recover from prohibition until the debtor has paid the overdue items, as well as their maintenance, in addition to the amount of the advance to the next month and will make a credible, that he will meet the maintenance obligation.
the obligations of the payer of wages under section 58 of the salary for each pay period, the payer will be immediately and without further compensation shall pay in accordance with the prohibition and carried out at the place of payment to the bailiff. The amount will be reduced tilillepanomaksu. The recovery of the amount of the wage payer provides for the payment of a request for asylum lodged under section 68. The Council of State regulation may, if necessary, to adjust the time within which a salary is the amount to be carried out and the bailiff.
What provides, also applies to article 46 (2) and in accordance with the remuneration under article 47.
The bailiff shall upon request or when the situation so requires compliance with the prohibition on the person who made the payment of wages of the Advisory.
The payment plan and fee payment plan agreement under section 59 the bailiff may pay to the debtor in writing a payment plan rather than to strengthen the attachment ex officio, if the debtor makes it plausible that he is carrying out, in accordance with the plan of the bailiff of the 51 to 54 of the regular or the quantity referred to in article. The bailiff comes to claim against the debtor at least once a year a statement of income of the bottom of the income and benefits.
If the debtor fails to pay, without acceptable cause of failure to comply with the plan or report is not to be considered of minor importance, the bailiff may decide on the lapse of the payment plan and immediately seized.
Article 60 of the agreement the parties to pay the salary of the bailiff of the debtor and the applicant may submit a written agreement made by the valid (payment), if the agreement can be carried out on the basis of the ulosottomenettelyssä and the agreement cannot be considered to be unreasonable. The bailiff may pay to the debtor the attachment ex officio in accordance with the agreement, rather than to give a permit for payments to the bailiff.
The amount of the payment in the contract, the parties may agree on the amount of the claim of the applicant, to limit foreclosures or the duration or to agree on how the money will be allocated to the applicant or to be made available to the components. The debtor, however, remain in the protection referred to in article 48.
compliance with article 61 pay agreement if the payment meted out after the conclusion of the contract, pay the rest of the claim on which the pay agreement is not complied with during this recovery.
The bailiff may, at the request of the Contracting Parties to decide on the agreement no longer being complied with, provided that: 1) the other party has essentially failed to comply with the agreement without a valid reason;
salary is in accordance with paragraph 2) were confiscated from the rest of the claim at issue and, therefore, not justified by the longer to comply with the agreement; or 3) it is not a legitimate reason.
Article 62 a payment plan or ensuring the payment agreement, the bailiff may, if necessary, to ensure the payment plan and forward to safeguard the attachment ex officio at the request of the applicant, in order to ensure the payment of the contract, when a salary is attached.
The funds, which the debtor is carried out on the basis of the agreement, a payment plan or payment shall be deemed as soon as ulosmitatuiksi, when they are paid to the bailiff in accordance with article 83.
Article 63 the suspension of the sale of the sale of real estate or movable property Ulosmitatun may be deferred, if the debtor makes a credible claim to the bailiff of the applicant, that he is carrying out a payment plan or payment within a reasonable time, in accordance with the agreement. In this case, the force that protects ulosmittauksena garnishment is.
Income garnishment under section 64 of the natural person a recurring business income if the debtor is a natural person engaged in business, for repeated business income is left ulosmittaamatta five to one. The debtor may be presented: 1), if the debtor has a right so to continue with its business activities, or if the debtor's ability to pay is especially for a substantially weakened; or 2) this less, if it can be considered reasonable in relation to the debtor's assets in the drive, or if the debtor has essentially failed to fulfil payment obligations related to livelihoods.
In addition, the mutatis mutandis to the procedure for protection, as well as the payment plan and fee agreement, through precautionary garnishee wages.
Support from Government and industry, in which a natural person is permitted, in accordance with paragraph 1, meted out. The purpose of some of the resources allocated to the ulosmittauskiellosta provided for in article 19, paragraph 6.
65 other business income When natural meted out more than a repeated business income or business income, to the community will be valid, if the debtor has a limit so as to continue to trade or business and not in the interest of the applicant cannot be considered to be contrary to the procedure significantly. In addition, the mutatis mutandis to article 59 to 63, and if the input is a repeating, what procedure, through precautionary garnishee wages. What's the purpose of this article, the limitation of the number of foreclosures also apply to the degree of support from the community, their business ulosmittaukseen.
section 66, as income from business activities and the coordination of wage income, If a natural person is permitted, as income from business activities in addition to the salary, wage or income from business activities where annex applies to compliance with the provisions relating to, depending on which income is on average higher. Salary will be taken into account to the extent applicable, in accordance with the income from business activities, through precautionary garnishee, what provides in article 64 and 65. Income from business activities in accordance with the percentage of the salary, through precautionary garnishee account shall be taken, where applicable, what section 45.
To be and some of the other rights under section 67 in the collections and the ban on the sale of the claim to the bailiff be allowed to pay to the beneficiary, are prompted to pay your outstanding were confiscated, except if the claim is inconsistent or unclear.
The notification of the claim to be sold, if it is a late maturing, or for any other reason is justified.
If you need to, which is not sold, it is pledged or subject to a mortgage company in respect of the claim, claims settlement and shall apply mutatis mutandis, what is provided for in Chapter 5 of the sale of movable property of the auction.
Collection of payment to the beneficiary of the prohibition in section 68 Unless the recipient to comply with the ban on evidence of payment for information that it receives for the prohibition on the payment of a salary or a repeated business, the amount of the payment to the beneficiary of the prohibition may be seized by a bailiff, who is paying to the bailiff. Garnishment payment in any way requires the prohibition of a pecuniary obligation is clear.
What provides, also applies to other claims, of which the debtor is the recipient of the payment, or the validity of the prohibition which confers a right that does not dispute. The applicant shall have the right to take action in order to strengthen the claim for payment against the ban to the recipient.
The prohibition of payment the beneficiary must be consulted before a decision is made in the payment of his obligation. Such a decision shall be notified to the beneficiary of the payment prohibition in Chapter 3, section 40 and 41 in the prescribed manner.
69 section entitled, or interest
Ulosmitattua the right to the entry on the basis of the agreement of the other for an indeterminate amount of time or interest will not be sold, but the position of bailiff of the income or interest. If the income or benefit, it is necessary to rely on the debtor and his daughter Alexandra in order to ensure the livelihood of members of the family, the debtor should be left for use as reasonable to keep.
section 70 of the Spirit-the spirit of the pension insurance and pension insurance contract law-or garnishment applies to possible insurance compensation and insurance for the surrender value. The seizure of the fee ban is valid at a time for a period of three years. Garnishment does not preclude the debtor from the insurance contract Act (561/1994) vapaakirjaa referred to in article 13.
Failure to comply with the insurance payments, withdrawal is, mutatis mutandis, in effect, what the insurance contract law provides in article 56.
From the moment the section 71 a share a share of the Debtor for a meeting of the debt on the property or movable assets can be seized. Executive order must notify the other joint owners.
Executive order when the joint ownership is not specifically provided for in määräosaista,.
the separation of the share of the property under section 72 to the debtor of the Bailiff to separate ulosmitatun. Unless the share cannot be separated from ulosottomenettelyssä, the bailiff may be halkomista or the status of the start property, as specifically provided for in the procedure Division. The costs of taking the debtor's share of the allocation.
Subject to the share of the separation or Division of property is not possible or it would cause the value of the property in relation to the high cost or reduce significantly the value of the property, the bailiff may not sell the debtor's share in the country.
the number of the section 73 Yhteisomistusesineen garnishment dedicated to real estate or movable object is attached, even though it is responsible for the applicant's claim, if: 1. the part of the debtor) will generate a much higher intake than the debtor's share of sales;
2) the applicant's share of the sale of the debtor is not likely to be kerry; and 3) be valid as meaning is not clearly disproportionate in relation to the injury.
Notwithstanding the provisions of subparagraph (1), jointly dedicated to real estate or movable object may be attached, if all yhteisomistajat agree. Jointly dedicated the property may not be seized, if the distribution of contract management has been posted.
In Chapter 5, provides for the sale of the Yhteisomistusesineen 81-83.
the value of the paper-based legal What article 74 73, applies, mutatis mutandis, to some of the yhteisomistussuhteista (180/1958), section 2, of the value of the paper referred to in common law.
section 75 and section 72 or 73 the share station prior to the operations referred to in, the bailiff shall hear the debtor and yhteisomistajia.
When the number of the dedicated to the distrained, the second yhteisomistajaa applies, mutatis mutandis, to what the debtor in Chapter 5.
The estate of the deceased, the deceased's debt If the debt section 76 is delivered to the garnishment, the property may not be sold until a month has passed since the expiry of the period of the script or Peru or, if the property has been handed over to the administration of the payment of the debt, disinheritance instruments before was a legacy of the life cycle (40/1965), chapter 19, section 12 of the agreement referred to in (a) or disinheritance instruments. The property may, however, sell, if: 1) the applicant has the lien ulosmitattuun;
the sale of the estate, the Administration agrees to 2); or 3) the value of the property to fall fast or asset management costs are high.
Provided for in the rules governing the accounting, Chapter 6, section 16 (1).
the share of the estate under section 77 of the debt may be a contributor to the nest, garnishment, pledged her share of the estate. In this case, the payment will be given a written ban on estates where the management of the debtor shall be prohibited from disposing of the body of shareholders and the distribution of the property of a party other than the bailiff of the heritage for the future.
78 section tiedoksisaannin of a decedent's estate, after payment of a ban on the concept of property of the estate shall be made available, and perform other actions without the permission of the nest to dispose as bailiff. Any action incompatible with the ban is valid, what provides in article 37. The bailiff shall give the authorization referred to above, subject to the payment of the applicant access to the compromise. Administration of the bailiff's permission is not required. The authorization provided for in the agreement is based on the heritage of the bailiff Division of inheritance section 3 of Chapter 23.
79 section Measures the proportion of the estate shall not be valid after the Ulosmitattua to sell. The performance will be taken from the estate, which will become the heritage of the debtor. If the debtor is the only heir to the estate of the assets of the estate, the performance will be taken on completion of the liquidation. The property referred to above shall be deemed immediately to ulosmitatuksi. The debtor will become the asset can be sold only after the Division has become final or the final.
The bailiff shall, where appropriate, apply for the disinheritance instruments and executor. Provided for in the rules governing the accounting, Chapter 6, section 16 of the Act. The Division provides for the right of the applicant reproach the heritage, inheritance, chapter 23, section 10 (3).
section 80 of the Legacy Erityisjälkisäädökseen based on the debtor's rights can be attached. Payment will be given to it, which shall comply with the will. Otherwise, shall apply mutatis mutandis, what proportion of the estate, the Executive order.
the waiver of the right of inheritance of the debtor under section 81 of the estate or succession cannot be seized if the debtor shows that he is: 1) to the sum to be waived in accordance with the heritage of the inheritance;
2) after the death of the sum to be given a written waiver of the notification served on the estates as administrative law, section 57; or 3) after the death of the deceased filed a notice of abandonment of domicile the magistrate for the deposit.
After the ulosmittauspäätös have been made, the debtor may not waive the right of the applicant.
The deposit of the notification of the debtor shall, without delay, notify the members of the estate and the administration of the waiver.
82 section will occupy its rightful and right If the debt of the deceased, the share of the estate of the debtor, is delivered to the garnishment or a notification, shareholders and management are required to provide the information and to submit to the bailiff when asked about the documents in Peru, the settlement of the estate and the financial status of the estate.
The bailiff and the applicant shall have the right to be present at the heritage. The bailiff shall notify the Division of the applicant.
The provisions of section 83 of the payment date of the supplementary Payment to the bailiff shall be considered to have been made on the date on which it has paid the State fee or bank transfer to the account to manage the movement of the community has been debited to payer's account. The performance shall be deemed paid paid post as evidenced by the date on which the money order has been given to the post Office for delivery.
The cash payment shall be considered to have been made when it is paid to the bailiff responsible for or any of the other local bailiff.
Chapter 5 General provisions section 1 of the Sales of the sale were confiscated in the sequence provided for in this chapter, the property is sold to the bailiff by submitting a public auction (auction) or by other means, such as an assignment or retail (sales).
What other law provides for a compulsory auction, applies, mutatis mutandis, to the free sales.
choice of section 2 of the sale of the bailiff takes aim at the sale of a good result. Sales methods will need to take into account the purchase price, the cost of the sale and the time required for the sale. Free sales conditions for the 75 to 79.
If the sale is allowed according to this law, based on the selection in the sales method sales can be undone only if has been sold to real estate or valuable movable property and may be the probability that other means would have been significantly higher than the purchase price.
The terms of section 3 of the public auction of the ownership of the property sold at auction the buyer will get the right to property and the right to impose on the property when the purchase price is paid or, if the sale is to be made under section 84, according to the contract, when he has received the deed.
the management and operation of section 4 of the Buyer is allowed to take possession of the property when the purchase price has been paid. If the sale is to be made under section 84, according to the contract, before the deed of the property to the purchaser shall not be used for obtaining a degrading way.
The bailiff to preserve the property until the buyer is allowed to take it over. If the buyer then get the property within a reasonable period of time and to pay the costs of storage, the bailiff may not sell the asset on behalf of the buyer.
The purchaser shall have the right to inspect the condition of the property before taking over.
section 5 of the Bailiff at the request of the purchaser, the assistance will be given to the purchaser in order to obtain the necessary assistance of the property seized.
If the debtor to use the facilities after it sold when the buyer has paid the purchase price, the bailiff shall, at the request of the purchaser to deliver the eviction. Häädössä shall apply mutatis mutandis, what Chapter 7 – 8. Moving day can be postponed if they have a valid reason, provided that the debtor has requested it prior to the auction. Bidders are going to inform how the moving day.
Assistance can be given to the purchaser by means of a dispute without prejudice to the implementation of the appeal or, where it is prohibited by the Court stopped the order.
section 6 of the buyer's liabilities and rights
The buyer or sold assets do not correspond to the claims and rights, other than those which may be made individually by the buyer is agreed to or that is reported to be borne by the buyer in the sale of the permanent force, or to move.
The room-or the tenancy agreement, which has not held back on sale, will be terminated in the manner provided for in, or to separate if the buyer wants to be released from the contract. The purchaser shall have the right to be referred to in article 5 (2) of the assistance, if such a termination or dissolution has been delivered.
notification of Certain claims, paragraph 7, of the Bailiff comes at a stage prior to sale to inform the bidders are any company Act (1599/2009) referred to in Chapter 3, paragraph 7, of the delinquencies and referred to in Chapter 8, paragraph 7, of the items. (22 December 2009/1614)
Bidders are also in the light of the claims should be reported and the amount of out of electricity and or any other similar service to get sales.
on the right of the buyer against the opposition of a better article 8 cannot be an argument for a better right to the assets sold after the ownership is according to section 3 of the switched, except if the buyer knew of the right to property of a third party. The property is the owner of the entry into force of the law, however, a matter of regulation of the Criminal Code (39/1889) 11, in the cases referred to in article.
The settlement provided for in Chapter 6, section 15, of the interruption.
under section 9 of the liability of the State if the creditor, the rest of the right-holder, the right owner or buyer is lost or suffered damage to the article 6, section 7, subsection 1, or on the basis of article 8, he is entitled to compensation by the State.
However, there is no right to compensation, if the person concerned has failed to: 1) to the right of the opposition to ask the bailiff for the better immediately after he was informed of his right to the seizure of the offensive; or 2) to control the rights to asianosaiskeskustelussa.
The compensation provided for in accordance with the bailiff's negligence, regardless of what the damages Act (412/1974). The State has the right to institute proceedings as his number of tort law.
section 10 of the debtor's obligation to provide information to the debtor is obliged to inform the bailiff of the hotline, the property when asked about the permissions and other rights, claims, and allegations of a better law, as well as to provide information on the characteristics of the property and its use of facts, which, taking into account the quality of the property may be considered as material.
Article 11 of the Error Notification property is sold as sales in it. Myydyssä property or assets shall be deemed to be situated in a irtaimessa error, if: 1) meant for the information which materially differs from that of a bailiff is a sales statement or otherwise prior to the sale of the properties or use the relevant property gave the facts, and the incorrect information can be expected to have affected the trade;
2) the bailiff has failed to provide the essential features of the property, or should, and can, therefore, be expected to have affected the trade; or 3) assets is a much worse shape than the purchaser is, in the circumstances, was not well-founded.
The correction of the incorrect information provided for in article 19.
Article 12 of the price reduction and the repeal of the trade Buyer shall, on the basis of the error referred to in article 11, to demand a price reduction or the annulment of the sale of the sales order by appealing to the chapter 11. Sales, on the basis of an error can be undone, if failure to enter into force should be the buyer for the sale. The question may be placed on the implementation of the dispute the error to the Court of Justice, as provided for in Chapter 10.
The settlement provided for in Chapter 6, section 15, of the interruption.
section 13 of the ingredients and properties for an object which is to be interpreted in accordance with article 18, Chapter 4 of the individually ulosmitatut parts are sold separately. The property will be sold under the ingredients and props individually as article 65 of this chapter.
If the ulosottovalitus or in the event of a dispute regarding the implementation of the object, which may include the sale or transfer of the tarpeistona, the bailiff may sell the item in the other, if the contested section has only a minor role.
section 14 of the fixed assets in the profit Of the sheer amount of rent and other revenue, which is due after the date of sale, a buyer. The buyer can return, until you get to take possession of the property, or ask the ulosottomiestä to bear the return on the account.
Prior to the sale with the property or been harvested are sold separately. Before the harvest to sell the property where annex applies to fixed, unless the procedure significantly violates any other access to the payment of the creditor.
Provisions common to the right of the auction and the value of the object of section 15 of the refurbishment If for sale is real estate or valuable movable property, the bailiff shall, before the sale to inspect the condition of the property. In addition, the fair market value of such property will need to figure out if it is possible. If necessary, may be used. It, which keeps the property in possession, shall be obliged to allow the inspection and evaluation.
The bailiff shall without the permission of the kunnostuttaa the parties to the merger, if only a little bit of cost and delay.
the method of publication of the notice under section 16 of the Sales-auction sales of the Declaration shall be published in one or more locations in a newspaper of general circulation. In addition, the notice may be published in the national newspaper, in another publication or online, if it is necessary. If there is a compelling reason, instead of the publication of the notice of the sale of another in an efficient manner.
The auction is also separately notify the debtor and yhteisomistajalle.
The cancellation of the auction will be announced without delay in the same way as a sales advertisement is published, if it is possible.
section 17 of the Release time of the sales shall be published in the week prior to the auction, unless a longer or shorter notice time is not advisable. Additional notification may be published, if necessary. If the case will be held asianosaiskeskustelu, a sales note shall be published after it.
section 18 of the content of the notification, the notice of Sales-Sales-should describe the sales target with precision and to mention, that the property is were confiscated. Asianosaistietoja will not be published. If necessary, more precisely the content of the notification provided for in the sales-State by means of a Council regulation.
Article 19 of the Declaration, unless the error in the indication of the selling has been published as provided for in articles 16 and 17, and the error can be expected to affect the outcome of the sale, or to be otherwise, the bailiff comes to take care of the new. The same applies to 11 within the meaning of section that contains invalid data or inadequate notice.
The error shall be considered as korjaantuneen, if the incorrect information is corrected or missing data has been provided with a new declaration or the beginning of the auction.
The auction may be revoked in the event of an error in the publication of the notice may have been substantially affected by the outcome of the sale. The impact of the error on the content of the notification provided for in article 12.
section 20 of the sales brochure and presentation of the property and assets of the valuable movable property shall be drawn up by the sales brochure, showing the property sale value affect the relevant information and the terms and conditions of sale. Public auction conditions should be attached to the sales prospectus.
The presentation of the property to be sold, should be arranged prior to the sale, if it is not unnecessary. It, which will keep the goods for sale property in possession, shall be obliged to allow the demonstration.
section 21 of the information to be provided to bidders are at the beginning of the auction, the bailiff shall describe the sales target. The valuable ingredients and properties objects must be mentioned separately. In addition, there will be indicated: 1) the necessary data for the management;
2) for the submission of tenders;
3) sales order;
4) possible for the lowest bid;
the obligations to be borne by the buyer, if any, will move to 5), and he is bound;
6) claims referred to in article 7;
7) and other terms of payment;
8) other relevant information.
The terms and conditions on the sales of the General auction brochure will be available at which potential buyers and available.
section 22 of the presentation of the Offers will be presented in the auction drawing offers-trips. The bailiff may permit the withdrawal of offers presented by telephone or by electronic means, or to provide services, there are several ways to organize in your community at the same time.
The bailiff may request in writing prior to the auction. They will be taken into account in the auction, and they shall be binding on the lift offers-trips represents until the first sale has taken place. Lodging is in force, provides in article 24.
the minimum price for a bailiff shall not approve article 23, the highest bid for a property or valuable movable property at auction, if he considers that the offer is less than the fair market price of the property clearly in your community.
The highest bids will not be accepted if it is less than a value or other property of stainless steel. The value of the securities or the shares cannot be sold at auction for less than the previous release of purchase the sales days mainly in the quotation.
Unless the highest bid accepted, a new auction or sales prohibited, unless the applicant or the bailiff took the view that, taking into account the additional costs of the new sale to get higher. Unless the new sales take place, or the property will sell the second time, the garnishment will be cancelled.
paragraph 24 of the terms of payment
The bailiff shall, if necessary, issue a payment to the buyer for up to six weeks. The buyer must immediately be carried out by a bailiff, a maximum of 20% of the purchase price (the down payment). The bailiff does not have to require a down payment from the buyer, clearly the IMF arvioimaltaan. The hand of an officer of the cash, the cash in a valid means of payment and security deposit.
The buyer will need to run the interest rate on the trade price of such extra time to pay interest rates in accordance with the first subparagraph of article 3(2) of the auction date. The end of the period for payment, interest shall be carried out in the interest of the law, in accordance with the first subparagraph of paragraph 4, until the purchase price has been paid or the new auction is delivered.
section 25 of the buyer's obligation to pay the purchase price, unless the buyer during the payment, shall be forwarded to the new auction. If, within the period of payment by the buyer to show that he has received from the creditor for more time to pay, or that they had claims to reimburse, in accordance with article 36 or 57, the purchase price shall be deemed to have been made ulosotossa so far.
The buyer has to compensate the difference, if the highest bid is left in a new auction, lower than in the previous auction was the highest bid in the plus section 24 of the interest referred to in paragraph 2. If the quotation rises above this, the purchaser is not entitled to the surplus. The buyer shall reimburse the expenses of the latter of the auction, unless they get the surplus.
The bailiff will charge the buyer for any other compensation mentioned in the hand for money or assets if it within a reasonable period of time is not acceptable. Otherwise, the replacement fee is charged on the basis of the decision on the application of the creditor, the bailiff later.
section 26 of the Conditional title deed if the debtor is the subject of the agreement, and payment of the purchase price is subject to a condition, the property is sold to perpetuate. Real estate sales conditions without retaining the payment, the seller has called for the required asianosaiskeskustelussa. The seller's right to receive payment of the purchase price provided for in article 34 and 47.
In the case referred to in subparagraph (1), other than the debtor's property is sold, the overall condition of the conditionally and the buyer is responsible for the obligations of the debtor, rather than based on the donation.
The property is sold in the condition, if the applicant is a property lien. Instead of the seller, the sale of the debtor and the creditors, whose right it is, can agree on the return of the property to the seller.
Article 27 of the agreement on the terms of the auction, and the privilege of their agreement, whose right it is, the bailiff must not deviate from the General conditions of sale, as the order of the auction, the privilege or the terms of the auction. General auction conditions is not, however, deviate from, to the detriment of the buyer.
The agreement lays down the rules governing the sharing of Chapter 6 of article 11.
Proceeds from the auction, the scope of section 28 of the 29-Article 38 of this chapter shall apply to the sale of other movable property other than a ship at an auction. The auction of the vessel provided for in section 72 to 74.
section 29 of the Claim before the bailiff's auction comes from the sale of movable property to find out: 1) entered in the register concerned, liens, mortgages, and mortgages, if for sale of movable property which may be subject to is posted, as well as the number of such claims;
2. the amount of the claim, if the property) as collateral in the possession of someone else or property is unregistered Lien;
3. the purchase price to the seller based on the conditional donation) to;
4) for sale be upheld if the property is sold to the condition.
If the bailiff took the view that the remaining attached to the property as collateral for a mortgage company to the full, the bailiff is not enough will to inquire about the mortgage company owner, whether this payment of the purchase price.
section 30 of the notification of the party must inform the claims or Claims other claims referred to in article 29 of this within a reasonable period, to be laid down by the bailiff.
Asianosaiskeskustelu If the requirements set out in article 31 of the conflict, the claim is omitted, one kiinnitysvelkojista has remained unknown, or if it is necessary, the bailiff will organizes asianosaiskeskustelu. It shall apply mutatis mutandis, what asianosaiskeskustelusta real estate auction. Alert asianosaiskeskustelusta is published only if one of the parties has remained unknown.
32 section Asianosaisluettelo if the sale will be taken into account in article 29 of the rights referred to in the claims or for any other reason, or if it is necessary, the bailiff shall be drawn up by the asianosaisluettelo. The claims of creditors and, if the lowest acceptable bid. Otherwise, shall apply mutatis mutandis, what asianosaisluettelosta real estate auction.
33 section priority implementation of the purchase price from the sale of movable property shall be carried out first for the possible sale of pay and expenses, as well as the Bankruptcy Act (120/2004), chapter 17, paragraph 7, of the compensation. After that, the order of priority laid down is carried out separately from the.
Article 34 the lowest acceptable bid the lowest acceptable offer will cover the implementation costs from the sale of movable property in the auction and the possible sale of the payment, as well as the arrest of the holder of the right to a lien or privilege, if this is the right to hold property in their possession or control of the property responsible for the posting of the pledge is made. The same applies to the debtor of the amount of the sale.
If sold in 26 of the property referred to in subparagraph (1) of the purchase price of the claim, the seller will be overwritten.
What is 1 or 2, shall not apply to the applicant, under the claim.
Article 35 the lowest acceptable offer to get new sales, Unless a new auction or sales, unless the applicant. In the latter case, or, in the absence of the property not disposed of on its second time around, the garnishment will be cancelled.
36 section to turn on to be borne by the Buyer may agree with the secured creditor's claim that the capital will move to be borne by the purchaser of the purchase price from the date of sale. Get passes to the buyer in person to answer, unless otherwise agreed by the parties concerned agree otherwise. The debtor is no longer corresponds to the fashion of the claim at issue.
the effects of the lien under section 37 of the auction and other movable property sold on the lapse of the right of the auction, unless the property is not sold to the right while keeping or claim not to answer.
38 section on the appropriate set of movable property sold esineittäin. An appropriate entity may, however, be sold together or in installments, unless the assets subject to different security rights.
If sold, the property is valuable, the bailiff shall hear the parties in the sales order.
Asianosaisselvittely real estate auction real estate section 39 Claims prior to the auction, the bailiff comes to find out: 1) the register of mortgages and mortgages and special rights;
2 on the basis of the specific management to be taken into account for the unposted);
3. the purchase price to the seller based on the conditional donation) to;
4) for sale be upheld if the property is sold to the condition.
section 40 of the Asianosaiskeskustelun and the call to Asianosaiskeskustelu will be organized no later than two weeks prior to the auction of the property.
Asianosaiskeskusteluun is called by the debtor, the applicant and the yhteisomistajat, as well as all known creditors and the holders of a special law, which has a lien or any other asianosaisluetteloon major (asianosaiskeskustelun the parties).
The call to asianosaiskeskusteluun must be sent no later than four weeks before the debate.
the content of the Notice must be in the article Call 41:1) to the appropriate case management information;
2. key information about the asianosaiskeskustelusta and the costs of the publication);
3) call to right holders shall inform the asianosaiskeskustelussa or writing it before the claims or other rights (control);
4) the invitation to submit proof of the bond or other debt securities and bonds or other possibly the right to render the document.
The notice must inform the delay provided for in article 53 of the consequences and the fact that the comments or requirements, terms of sale, or sales order controls take into account asianosaiskeskustelun.
section 42 of the public address Asianosaiskeskustelusta will be published to a public address in the locality in a newspaper of general circulation not later than four weeks before the debate.
An alert is also published in the official journal of the time mentioned in subparagraph (1) unless all the asianosaisluetteloon important rights not cleared or called asianosaiskeskustelun, could not be delivered to all the parties concerned. Date of publication of the notice in the register provided for in an alert State Council regulation.
The public notice will need to notify the information referred to in the main article 41. The debtor's or other owner's name and the year of birth is to publish a public notice referred to in paragraph 2.
the provision of § 43 Asianosaiskeskustelun Asianosaiskeskustelussa, the bailiff shall: 1) provide the necessary information, the management of the reports referred to in article 39 and the relevant terms and conditions of sale;
2), what is the need of the applicant as referred to in article 55;
3) to advance to the written submitted to the controls and keep them on display;
4) calls on the parties to control and dispose of the claim or right to control documents;
5) calls on the parties concerned to submit any disputes;
6) calls on the parties to make any comments and requirements and terms of sale, sales from and sales order.
If appropriate, the extension asianosaiskeskustelu can be arranged in an appropriate manner.
44 section Asianosaisluettelo
Asianosaiskeskustelussa or bailiff shall, without delay after the asianosaisluettelon, which will be marked: 1) and other rights as provided for in articles 47 to 52;
2) the lowest acceptable bid;
3 an applicant referred to in section 55) to;
4 the number of parts, if the joint owners are sold) jointly dedicated to real estate.
Asianosaisluettelo shall be asianosaiskeskustelun to the parties in good time prior to the auction.
45 section Written control procedures the bailiff to asianosaisluettelon without asianosaiskeskustelua, subject to the need for a debate to occur. In that case, the bailiff shall set a day and calls on the parties not later than the date provided for the control of their rights, to provide the monitoring of other parties and, at the same time, the number of days, in which case any disputes shall inform and the sale of the notes will be no later than the present. In the simple case, where all the parties are known, the alert does not need to be published.
Valvonnoille must be made at least a four-week period, calculated on the control of at least two weeks after the sending of the request and the amount of time calculated on the riitautuksille place and the sending of the notification.
Otherwise, the written procedure shall, mutatis mutandis, in effect, control of what asianosaiskeskustelusta.
46 section Asianosaisselvittely to be delivered to the new auction If there will be a new auction, in accordance with the previous list of claims shall be entered in the asianosaisluetteloon. However, if someone with the right-holders to announce no later than two weeks before the new auctions of their wish to control the rights or claims of the subject there will be new, the new asianosaiskeskustelu is going so far.
47 section privilege of the order of the real estate auction available and special privileges have the privilege (privilege to be) in the following order: 1 costs, sales, payment and) implementation of the bankruptcy law, chapter 17, paragraph 7, of the compensation;
2) claims secured by collateral in the form of posted a statutory lien covering claims attaching to the property at the same time, with each other;
3) claims secured by mortgages based on the lien to the property, and the property posted specific rights and mortgage registry, click the mutual privilege should last;
4) real estate on unposted pension, rental or other use rights, if the holder of the right has taken control of the property or part of it before the Tribunal established by the law, so that in the past where annex is a privilege;
5 section 26 of the legal protection of services based on the disposal:) of the purchase price to be referred to in subparagraph (1).
Priority of claims is carried out after those other claims, that real estate is the notification (subordinated to). Etuoikeudettomilla available at each other the same privilege, subject to the payment of the creditors (1578/1992).
Article 48 the pledge of a claim shall be entered in the deposit to Asianosaisluetteloon controlled the capital, as well as the auction date, calculated on the interest rate and other ancillary costs. They shall be entered in the deposit up to the amount of money available for the hostage. The excess part of the amount owed shall be entered in the etuoikeudettomaksi, if the property is on the notification.
If the deposit for the amount of money that is greater than the difference between the secured claim shall not be taken into account.
section 49 of the uncontrolled and conditional receive, as well as a work in progress based on the pledge to be posting Unattended left in Mount shall be entered in the register of land ownership and mortgages of the laws of the asianosaisluetteloon which is evident in the number of posts. Is held by the debtor or his name posted a deposit shall not be taken into account. (4 February 2011/99)
In accordance with the conditional to be entered in the control.
The pledge to be shall be entered in a list, even though the application has not been legally resolved the attachment. The entry is made, if the application is filed with the rest due to foreclosures or a preventive measure.
section 50 of the Brawling to the bailiff shall reject the claim on behalf of the authorities of the control, if the control is clearly unfounded. If otherwise, the control is challenged, the bailiff shall take a decision on the amount of the claim, and marks it as asianosaisluetteloon. If the decision is different from the control, the control must be in accordance with the also conditionally.
Article 51 Special rights in real estate posted a special right shall be entered in the asianosaisluetteloon, in accordance with the posting and other special rights on the basis of the control.
A special right shall be entered in the asianosaisluetteloon value to impose. Real estate posted a right to property in the specified currency or interest shall be entered in the asianosaisluetteloon capital tavaramääräinen, subject to the right to belong to the lowest acceptable offer.
What article 49 and article 50 of the code provides, applies, mutatis mutandis, to the special law. Riitaista law does not, however, mean a conditional asianosaisluetteloon.
section 52 and pledged to license and pledged to lease, or other use rights in real estate is sold in accordance with the agreement, including its buildings, and equipment, even if the license is maakaaren, chapter 19, section 4 or 5, according to the changed or stopped during the season.
under section 53, unless the creditor control of mortgages in arrears based on the pledge of the supervisory saatavaansa asianosaiskeskustelussa, ulosottomaksu requests a special provision. If the rest of the claim or the right to control other than the one recorded in asianosaiskeskustelun, but not later than one week prior to the sale, the control will be taken into account, if a delay is an acceptable reason. After this, the control to produce to any surplus.
The bailiff will be reserved for other parties involved the opportunity to challenge the late asianosaiskeskustelun the proper control.
Article 54 procedure for real estate auction the lowest acceptable bid the lowest acceptable offer will cover the implementation costs of the real estate auction and sales fee as well as any privilege claims, with better privileges than with the applicant as referred to in article 55. There shall be deducted the amount of potential the property levied on income.
The pledge, which is also another property, the lowest acceptable offer will be taken fully into account.
Article 55 the applicant on the applicant shall have the right to prohibit the sale of real estate, subject to his privilege claim is not obscured. The applicant or applicants for the privilege of a dominant is the from, which is the best and which confers a right of authorization for the sale of a property is.
section 56 new sales unless the offer be accepted under section 54 or 55, a new auction or sales, unless the applicant. In the latter case, or, in the absence of the property not disposed of on its second time around, the garnishment will be cancelled.
section 57 of the creditor with the assumption the buyer may agree that the fixation on the date of the deposit of capital based on the sales price to be borne by the buyer. Get passes to the buyer in person to answer, unless otherwise agreed by the parties concerned agree otherwise. The debtor is no longer corresponds to the fashion of the claim at issue.
Shall be borne by the buyer will not be able to move the article 49 or 50 claims. Yhteiskiinnitykseen-based deposit need to be able to move on only if all of the common property is sold together.
the retention of the right to Property is provided in section 58 Particularly the first condition, that the special rights shall remain in force. Unless the highest bid cover the claim, which is better for the privilege as a special right, and not a special right belong to the lowest acceptable offer, real estate will be offered the special right to pysyttämättä. Even if the offer would in this case, the higher the previous quotation is accepted, if the difference between the right-holder to pay for part of it, which is better for covering claims attaching to the preferential treatment.
the effects of the lien under section 59 of the auction and the rest of the right to property shall lapse, unless the property is not sold at auction the right to retaining or claim not to answer.
Several of the sale of real estate of the debtor and the debtor's other special circumstances under section 60 of the order to the debtor by the sales of real estate, if sold in a number of the debtor to show the order in which they are sold, subject to section 61 and 62. The debtor must inform the sales order no later than asianosaiskeskustelussa.
61 section Common property to the debtor are commonly attached to real estate will be offered together and separately. Erillistarjoukset will be accepted, if they are higher than the yhteistarjouksen, or if the defendant so requests, and all the privileges and to the applicant. Real estates provides a common, the lowest acceptable bid.
Unless a property not erillistarjousta, but erillistarjoukset still exceeds yhteistarjouksen, the property remains unsold.
62 section appropriate to the entity If the debtor include real estate to form a meaningful whole, they will be offered first together and then separately. Yhteistarjous will be accepted, if it is greater than the sum of the erillistarjousten and the erillistarjousten in relation to the property, divided by the lowest acceptable bid for each of the covered property. Erillistarjoukset is adopted, however, if the defendant so requests, and all of the privilege claims and to the applicant.
the number of sale of real estate in the areas of article 63 to the debtor, in accordance with a number of areas of the real estate is to provide, where applicable, what provides in article 61.
section 64 of the sales
If sold to the debtor, belonging to an aliquot of the lowest acceptable offer on the property, shall be calculated on the full security deposit, which is the size of the property.
the number of article 65 of the industry, ingredient and props individually to provide the sales Ulosmitatusta the property parcel, ingredients or props separately, if it is appropriate or the security of the debtor's residence. Specifically requires the consent of the debtor and the rights holders, whose right it is.
In addition, the target is offered free to be sold separately, and the lowest acceptable bid. The allocation of the purchase price provided for in article 8 of Chapter 6.
The property is ulosmitattuna a reasonable period of time after the sale, where appropriate, in order to safeguard the position of the buyer. The sale must be made prior to the stand of the forest law (1093/1996) intended for the use of the forest. Tree cover following the logging law.
the sale of the property with the right of the right article 66, where electricity is based on the property or which otherwise will be sold immediately to serve in order to improve the result of the sale of the property, to sell the property, subject to the payment of a substantial violation of the rest of the creditor's access to the procedure.
After several different owners, section 67 of the sale of real estate Sales in the order of responsibility if the lien is the formation of the various owners of the property within the property, which is the common pledge of the claim were confiscated, the real estate is sold in the following order: 1) the debtor's property;
2) position in the real estate;
3) block of the real estate;
by the property, subject to the applicant 4) 1 – the order referred to in paragraph 3 shall be imposed.
Later in the lainhuudatettu block of the property is sold before in the past lainhuudatettua. Subject to the law of the rage not retrieved any of them or the law of the rage is retrieved on the same day, first sold in later released to block real estate.
The provisions of this article shall also apply to the amount of the block property.
the adoption of the Above tenders, 67 68, section by section in the sale referred to in kiinteistökohtaiset of the highest bids are accepted conditionally. Bids are accepted once and for all, if the total number of tenders to cover such common mortgages and special rights, that it is better to be the applicant.
Article 69 Takautumisvaatimuksen lien Unless it has not been possible to perform the common pledge of the claim section 67 sequence, as one of the properties have been sold in order to carry out the rest of the claim, without any commitment to real estate owned, sold the lien may be the responsibility of the order of the real estate. The amounts secured by way of the amount of the lien is takautumisvaatimuksen, which is paid the purchase price in order to carry out the common pledge of the claim.
on the application of section 70 of the common joint property If, on application by the owners of the property are to be sold to the debtor's property, first, and then by the property of the applicant.
the number of the section dedicated to the real estate Of 71 regard, dedicated to the real estate is sold as a whole, if the applicant's claim is secured by a lien for the entire property. The lowest acceptable bid is valid, what provides in article 54.
The number of components will be offered separately, if someone at the request of the joint holders fulfils or a specific cause. Erillistarjoukset will be accepted, if they are higher than the price offered in the whole of the property, or if it is required by yhteisomistaja and erillistarjoukset cover the privilege claims.
The rest of the amount provided for in the sale of real estate devoted to article 82.
The ship auction commercial properties in the application of the provisions of section 72 of this chapter provides for the auction of the property and the property, applies, mutatis mutandis, to the ship's auctions and from the very beginning. The lowest acceptable tender has not, however, prescribe. The privilege of the order provided for separately.
What the Board referred to in Chapter 4, section 3, provides for: (1).
73 section Asianosaisluettelo provides for a Maritime lien for the labelling of asianosaisluetteloon maritime law (674/1994), Chapter 3. The claims, in respect of which the company liability is limited according to Chapter 9 of the laws of the sea, the full amount of the claim shall be entered in the asianosaisluetteloon, and that the amount which the company is responsible for.
the percentage share of the ship under section 74 of the ship is sold on condition that the size of the vessel against the liens remain in full force and effect.
Free sales by public auction § 75 Private Bailiffs must not allow a reliable auction of movable property for sale by public auction. The bailiff must inform the potential minimum price referred to in article 23, and in accordance with article 34 of the lowest acceptable bid, as well as to provide the necessary instructions for other auctions.
The sale of the supplier is valid, what 110 of Chapter 3 of the toimitsijasta.
76. the dossier submitted by a bailiff, the bailiff of section free sale may be sold free of the debtor's assets, whether movable or immovable, as well as the consent of the holders of the rights of creditors and others, with the right sales. Free sales must not be arranged, if someone a right holder has remained unknown.
The bailiff may not sell property freely without the consent of the referred to in subparagraph (1), if: 1) the purchase price covers all privilege claims and is responsible for the fair price, according to the reports. or 2) the highest bid at the auction in the free trade price will go up for sale at a higher or lower than the lowest acceptable price and clearly the current offer.
77 other free sales other than article 75 or 76 for the free sale of movable or immovable property can be used to provide an external, holder of a lien or the debtor, if the debtor, as well as all the creditors and the holders of other rights, the right to which the sales concerns, agree, and no one to the right-holders have remained unknown. If the property is to be sold, the price of the day, the price of a property in the sale of the property to be used in the normal and in a reliable way.
Accumulated in the purchase price will be settled to the bailiff.
78 section to determine the bailiff's Claims before the claims and rights of the free sale to find out, as well as to organize, in accordance with the asianosaiskeskustelu and a asianosaisluettelo, mutatis mutandis, to what a property auction.
section 79 76 75 above, the terms and conditions of sale and the sale referred to in paragraph (a) shall apply mutatis mutandis, what 3-15, 20, 21 and 24-26 provides, unless the parties have agreed otherwise. The role of the buyer, however, must not be undermined.
What article 6 to 9 shall also apply to the free sales referred to in article 77. Otherwise agreed upon by the parties in accordance with the terms of sale and what other law provides for a similar trade.
the effects of section 80 of the Free lien and other rights to the assets sold to lapse in the case referred to in articles 75 and 76 for sale, unless the claim not to answer, or the property is not sold on the right. Property rights remain in force in the case referred to in article 77 for sale, unless otherwise agreed by the parties and the buyer agree otherwise.
The purchase price shall be allocated as the equivalent of the purchase price in the auction.
The share of sales from the moment the section 81 yhteisomistajalle When yhteisomistusesine is the notification pursuant to article 73 of Chapter 4, the bailiff of the debtor's joint owners the opportunity to submit tenders to be reserved. The highest bid will be accepted, if it covers the section of this chapter 34 or 54 and 64 of the lowest acceptable bid, and not clearly lower than the credit of a debtor's share of a bailiff, according to yhteisomistusesineen should be available for sale.
the number of sales subject to the debtor's Yhteisomistusesineen article 82, are able to sell as provided for in article 81, the notification yhteisomistusesine is sold as above in this chapter.
The sale requires that the purchase price is equivalent to the fair price, according to the reports. Real estate for sale in the amount of the purchase price will be covered, in accordance with sections divided by the units of the other joint owners on the property and the privilege claims, as well as to the debtor's share of the claims referred to in article 54.
Part of the debtor shall be paid to the cost of implementation and potential sales.
83 section Permanent housing if the other yhteisomistaja used as permanent dwellings of jointly-owned facilities, the bailiff shall not sell the property without the consent of the joint proprietor. If necessary, the bailiff may trigger some of the yhteisomistussuhteista of the law on the procedure provided for in article 9 of the joint possessions.
The final measures under section 84 the contract when the property or apartment or building management shares representing has been sold at auction or free, the bailiff shall give to the buyer the contract, when the purchase price has been paid and the sale becomes final. Share certificates will be handed over to the buyer in the context of the trade. The allocation of the purchase price or the appeal of the Bill does not prevent the adoption of the trade. Trading book shall be entered in the purchase price, to be borne by the specific claims and entered in pysytetyt rights, as well as other relevant information.
When the bailiff sells other than movable property within the meaning of subparagraph (1), the buyer shall upon request or, where appropriate, give proof of their acquisition, when the purchase price has been paid.
Article 85 the ship-and the car of the mortgage amortization on an aircraft or car, Sold the rights for the cancellations of pledge mortgages put to death.
86 section property mortgage amortization
The property sold on mortgages is 49 and 50 in respect of the claims referred to in article.
Yhteiskiinnitys must be removed from the case and sold the property in the case of real estate to the extent that the kuoletettava of the other hostages to be has become complete. Yhteiskiinnitys remains in force guarantee the takautumisvaatimuksen referred to in article 69. If all jointly hold real estate has been sold along with the same buyer, the yhteiskiinnitys remains in effect. If the property is sold the property on a number of areas, the mortgage is a kuoletettava. The property in the amount of the sold and must be removed from the position of the attachment of the property is the kuoletettava to the extent that the deposit be made has become complete.
Other than the referred to in paragraph 1 and 2 of the mortgages remain in effect, and the books will be handed over to the buyer, or recorded his or her designee. (4 February 2011/99), section 87 of the bailiff must inform the registration authorities Notices for the removal of ulosmittausmerkinnän from the final sale of the registration authority, to which the seizure has been reported. The notification shall be accompanied by information on the rights of the hostages and those of your lapsed and the entry into force of the rights, and the distribution of the purchase price.
The bailiff shall notify the registration authority of the kuoletettavat mortgages and provide for the security deposit and the corresponding documents.
Article 88 cancellation of a mortgage is the mortgage document in kuoletettava 85 and 86 in the manner provided for in article, even though the pledge book or similar mortgage document is not submitted to the bailiff. In this case, the bailiff shall, where appropriate, to take care of the mortgage document in kuolettamisesta.
Chapter 6 section 1 of the settlement division of the Division and the definitions and purposes of the rules governing the allocation of the settlement Funds made available by the Division and the payment of creditors settled in resources.
Division 2 section for the distribution of these funds made available by the accumulated funds will be distributed in accordance with the order of priority laid down in. If a creditor has a number of claims at the same time, first set the target of covering claims attaching to, an elder of the ulosottoperusteelle or ulosottoperustetta unless the creditor claims, without no other request.
The seizure of the debtor's assets will be allocated to other than the cumulative request as provided for in Chapter 4, paragraph 7, and otherwise, in accordance with paragraph 1.
the relative distribution of paragraph 3 of the toistuvaistulon, through precautionary garnishee in respect of the departure from the Salary and the rest will be split other assets in the proportion of not more than six months, however, the intake. Is subject to the condition that the relative deviation from the point of view of the recovery procedure, the appropriate distribution of is, and not another creditor in the same ranking, apparently, is not compromised.
Do not lead to a reduction in the relative in respect of the distribution of means, which is a privilege.
section 4 of the allocation of financial resources must be allocated to parts of the claim of the bailiff's accumulated first in each of the capital and interest, after the last charges, unless otherwise agreed by the parties not in accordance with section 60 of Chapter 4 of the other agreed.
Article 5 of the decision of the Division and its validity if the bailiff has been drawn up for the sale of asianosaisluettelo, the allocation of resources allocation, shall draw up a list, which is based on the asianosaisluetteloon and which shall be communicated to the interested parties. Otherwise, the bailiff shall take decision by targeting information sharing system.
The bailiff's focus is bound by the interested parties and the creditor must allocate money to it. Targeting is bound by the recovery of the private.
section 6 of the Division of the discussion if the segmentation is apparent ambiguities or if it is necessary, the bailiff shall, prior to the allocation of resources allotted to organize the discussion. Call it shall be sent not later than two weeks prior to the start of the debate.
The Division of the discussion will not be published (d), if all the parties involved. Otherwise, shall apply mutatis mutandis, what is provided for in Chapter 5 of asianosaiskeskustelusta real estate auction.
the amount of respect from the moment the If section 7 is devoted to the notification and sold, the accumulated number of parts of the purchase price shall be allocated in proportion to the first.
section 8 of the Erilliskertymä If the property is sold separately in the ingredients, the notification or the props or parcel, or if the ulosmitatusta property is obtained, the uptake will be distributed as the purchase price of the assets or income as inseparable approaches originate.
the difference between the prices of surplus and section 9 of the replacement if the intake is greater than the number of sales of the day or on a day when other than the sale of the accumulated funds are paid to the bailiff, the capital will be distributed in order of priority on the day of payment and the interest rate on the sale or distribution for the period of the day.
Purchaser referred to in Chapter 5, section 25 of the replacement price of the shortfall shall be distributed as the purchase price.
section 10 of the Minor Division-part of the Subject to any liens on the kerry article 17 of Chapter 4 of the distribution key referred to in part, need to be up for grabs. This shall not apply to the claim, which is a privilege.
Article 11 of the agreement if the debtor and the creditors agree to the sharing of all resources of the Division, the bailiff will have to settle the funds in accordance with the agreement. Others may not agree to default was made in respect of the future Division of the hostages left unattended. Riitaista or conditional on a claim sharing agreement also requires the consent of the creditors, to whom the money is going.
The agreement shall not, by way of derogation from article 13 to 17.
Article 12 of the Declaration If there is no Division of the allocation of resources was a division of the list, at the request of the intake distribution of the bailiff will notice to the creditor.
The debtor shall be: 1. the seizure or sale of accumulated amount;)
the implementation costs and the number of ulosottomaksujen 2);
3) for each in respect of the targeted and the remaining amount, broken down into parts;
4) other relevant information.
The conditions and procedure for the settlement of section 13 of the legality of the settlement to execute if the force of the law, confers a right on the accumulated funds can be settle only against collateral. The guarantee does not, however, be required if the law provides that the source confers a right in a particular case, or confers a right that can be implemented as the final judgment or appeal.
Ulosottovalitus and implementation of article 14 of the litigation in the case of sale for asianosaisluettelo or the buyer is given in Chapter 5, section 84, according to the contract, the purchase price must not be settled without the guarantee before the sale and Division have come. Notwithstanding the provisions of the settlement will submit a complaint to the extent that the appeal has no effect.
The impact of the implementation of the dispute settlement provided for in Chapter 10, section 16 of the Act.
section 15 of the settlement stopped the bailiff shall suspend the settlement, if: 1) to the person concerned in the case referred to in article 14, other than the fact that it was seeking a change of action, applying or to announce that affects the distribution of or settlement;
2) third party claims, that the garnishment is violating his right;
3) repeal of reduction in price or the buyer requires a trade; or 4) the bailiff finds that the settlement would undermine the right of appeal of a person, who apparently is unaware of his rights by the active implementation of the.
The Bill will continue, unless the person concerned the right to appeal, or if not, the claim or the claim is clearly unfounded. The bailiff may require a written request, the suspension if it is appropriate in the circumstances.
The settlement is suspended for three weeks for the presentation of the claim or the bailiff under suspension pursuant to paragraph 4 of the decision, or, for a special reason, the bailiff for a longer period to be determined by this. The accumulated funds may, however, be settled. The person concerned shall be notified of the suspension expiration date.
section 16 of the estate If the deceased's debt has been delivered to the garnishment, money may not be settled until a month has passed since the Peruvian of the script, or, if the property has been handed over to the administration of the payment of the debt, before the disinheritance instruments was inheritance, chapter 19, section 12 of the agreement referred to in (a) or disinheritance instruments a decision that has the force of res judicata. However, the settlement will be delivered, if the creditor was the management of the assets of the estate, the ulosmitattuun or lien agrees to a settlement.
If the nest were confiscated and the share of the inheritance is not acquired the authority of a final decision or the final one, accumulated funds can be settle only against collateral.
section 17 of the Business of the mortgage if the mortgage company has accumulated a considerable amount of resources, from the bulk of the sale must be published in the official journal of the notice. The Bill will not be shipped until a month has passed since the date of publication of the alert. (D) the publication provided for in the State an amount and a Council regulation.
the procedure for the settlement of the settlement procedure provided for in article 18 of the Council of State regulation.
section 19 of the creditor's obligation to repay the money to the creditor, unless the funds raised to restore it after the breakdown of the settlement is the final solution, or modified or repealed, the funds will charge the creditor or the performance security has been lodged. Finally, the article 46 of Chapter 3. The restored funds interest, if applicable, apply section 16 of Chapter 2 of the Act provides.
section 20 of the Overpayment Recovery
The performance, which is not necessary for the applicant's claim for payment purposes, is to be returned. Minor, up to the amount provided for in the regulation of the Council of State, however, the liikasuoritus will be settled in the State.
Article 21 of the Conditional distribution of funds service-part of the asianosaisluetteloon where the claim is entered in Chapter 5, section 49 or 50 of the allocation in respect of the maximum number of conditionally, asianosaisluetteloon marked. After this, the bailiff of Division and makes the decision on how the funds are allocated.
If the creditor's claim is approved by the law of the power of the solution, the funds are settled.
section 22 of the other assets subject to change as the key referred to in article 21, part of the appeal, or for any other reason cannot be settled, the bailiff to retain these funds. The same applies to the funds, which cannot be returned to the recipient's tuntemattomuuden or for any other reason. Minor, up to the amount equal to the amount laid down in the regulation of the Council of State will be settled, however, to the State.
section 23 of the bailiff to maintain Separate deposit 21 or 22 of the order must be recorded separately in the interest rate on the credit facility to grow, if funds in excess of the Government's regulation of complexity of a considerable number of. Interest on the deposited funds will get it, to which the funds are to be settled. The funds are to be deposited separately within a period of six weeks from the time they are completed to the bailiff.
What provides the financial security shall also apply to the bailiff.
section 24 of the retention period, the bailiff shall keep the funds of funds, which are targeted: 1) to the person in default was obtained from the unattended, the coming of the final two years of the auction;
2) made in respect of the conditional until the condition has been completed or terminated;
3) riitaiselle in respect of the pending resolution of the dispute is finally settled or expired;
the mortgage in respect of the 4) or any other entry is a work in progress, until the application has been finally resolved, the journal;
Article 22, 5) is made, until a settlement can be delivered to the referred to, but not later than ten years after the execution of the funds.
section 25 of the Legal resources if the creditor shows to the bailiff of their rights under section 24 of the assets referred to in paragraph 1 within the period laid down therein, sharing part of the accounted for him. The Bill of discharge shall be published in the official journal of the notice for at least six weeks before the settlement. The bailiff of the debtor and the funds will be the secondary beneficiary prior to the hearing. Subject to the right of the time limit, the funds will be credited into the assets of the secondary display.
Subject to section 24 of the funds referred to in paragraph 5 has not been settled within the time allowed, the funds will go to the State. However, if it is not right to assets before that finally settled, it shall be calculated on a new ten-year period.
Chapter 7 implementation of the obligation to pay the rest of the Eviction the eviction process, pursuant to article 1 of the implementation of the Häädettävät that can be taken to execute the defendant, but also against a person with a right to reside in the premises referred to in ulosottoperusteessa or otherwise use them based on the right of the defendant (häädettävät).
the move prompted the move of article 2 of the letter must inform the moving day, when the häädettävien is the latest change in the premises, as well as how to place the leftover assets are required by law to be taken. Migration letter is being sent to the premises referred to in häädettävälle ulosottoperusteessa and, in addition, if known, the address or the other will be left closed or kept open as a notification to the premises referred to in ulosottoperusteessa.
section 3 of the notice of social housing and If the bailiff is aware that premises referred to in ulosottoperusteessa lives in the children, which is not clear or immediate housing into matter entails the care of persons in need, the circumstances of the case, the stipulations of the eviction and notwithstanding the provisions on secrecy, as soon as possible, notify is the housing and social.
section 4: moving day a bailiff shall not, without the important reasons to prescribe the migration days earlier than one week and not later than two weeks from the date of the move request. In accordance with the removal may be delayed, on condition that there is substantial harm to the applicant. Eviction must, however, be produced within two months of referral, the stipulations of the postponement, unless a longer period is not a particularly important reasons. With the agreement of the applicant, the eviction process can be delayed, the stipulations of the peruuntumatta of the application not more than six months. The decision on the postponement of a bailiff shall not be subject to appeal.
The requirement of the applicant the applicant is required to pay the rental for the period häädettävän deferred the date in accordance with the terms of the migration of the former. The suspension may be subject to the payment of rent in advance, if the suspension period may be considered in terms of a reasonable häädettävän.
In the case of a marriage (234/1929) on the cessation of cohabitation or any other security deemed equivalent thereto in accordance with the eviction, eviction is not to enforce the removal as soon as it reasonably is not acceptable.
the provision of section 5 of the Eviction the eviction will take place by removing ulosottoperusteessa from the premises referred to in häädettävät and the property.
If the apartment is in the eviction process belongs to the persons referred to in paragraph 3, the eviction process must not be implemented before the housing and social has been given the opportunity to arrange for housing or to find out the need for social welfare services.
section 6 of the Häädettävän assets subject to be ousted from the beginning of the transported off their property, not an eviction, the bailiff shall ensure, that in the place of residence referred to in ulosottoperusteessa or any other premises, as well as the related area of the property, to be shipped out immediately. Other than the low value assets are recovered. Worthless or vähäarvoiseksi considered the property is disposed of. The bailiff may give non-destruction or give to the applicant upon request, authorization to proceed in terms of value or low-value assets as they wish.
Eviction can be implemented also by leaving assets in place and by blocking the häädettävän access to the premises. Property in terms of the action, as provided for in paragraph 1 shall, within one month, or to sell it on the spot, subject to evict it in before that do not want to carry belongings out. The property must not be limited to the applicant, if the greater harm.
Säilytyskelvottoman and dangerous animals, property, and other assets identified and distinguished from the pictures, documents and other objects in terms of the bailiff is to proceed in a way that, in the circumstances, may be considered reasonable.
section 7 of the seizure and sale of the property will be seized Eviction, even though the debtor had the right to separate it from the Executive order. The notification and the rest of the recovered property is sold, as provided for in Chapter 5. Evicted tenants are, however, have the right to pick up the distinctive character of the right of the property as well as property that is not in the notification, not later than the day before the sale, the costs incurred by the implementation of the if he performs the eviction and ulosottomaksun.
Any surplus of the purchase price will be credited into the settlement, if his address is known to be häädetylle, and otherwise, to be deposited in his Needless to say.
If the information is known, he has evicted the connection immediately after the eviction of property belonging to him in terms of how it is done.
section 8 Eviction threat to fine the bailiff shall not mandate the IMF of their estimated the defendant subject to a penalty payment, to change and to move their belongings away, if this can be considered to be addressed as above and the defendant can be attributed to the procedure laid down in a position to take care of removing property.
Assignment of the obligation to Transfer the obligation in section 9 of the defendant to be ordered to disclose to the applicant Confers with prescribed movable property, shall be implemented in such a way that the bailiff retrieves the property and hand it over to the applicant.
Compliance with the obligation to transfer the call to the defendant immediately or within the time limit set by the bailiff to call upon to hand over the property to the applicant.
the eviction process in pursuance of section 10 of the obligation, the obligation to execute the transfer in order to implement the eviction process, is to be followed, mutatis mutandis, paragraphs 1 to 8.
the transfer of the obligation in article 11 of the supply obligation may be fine for a special reason and be implemented by the threat of a fine to the defendant.
The obligation in article 12 of the date of adoption of the arrangements for the performance of the obligation in question, the defendant to be ordered to do something, which confers a risk of the applicant, may be at the expense of the defendant, to perform, or have performed, (teettämis a threat), will be implemented in such a way that the bailiff shall issue to the applicant an authorization to do the job, or in carrying out. The bailiff shall, where appropriate, provide the applicant with the assistance of the.
Compliance with the obligation on the adoption of the letter the defendant is called upon to immediately or within the time limit set by the Act referred to in the bailiff's ulosottoperusteessa.
The defendant shall notify the authorization referred to in paragraph 1.
section 13 Teettämis setting Unless the threat of ulosottoperusteessa not teettämis the threat, the bailiff is first set up. Prior to this, the defendant shall be consulted, unless it significantly hamper implementation. Teettämis is a threat to the defendant as in Chapter 3, article 40 and 41.
The defendant, which is the setting of the threat before the teettämis reserved for the opportunity to be heard, must be given the meaning of section 12 of the invitation, if it can be considered to be necessary.
section 14 of the adoption of the performance of the obligation in question fine Filing requirement may be for a specific reason, to implement by the threat of a fine to the defendant.
Article 15 of the Personal filing obligation If only the defendant can meet the obligation, the bailiff must be set against the failure penalty, unless it is already set out for the ulosottoperusteessa.
Ulosottoperusteella, which are obliged to sign a contract or other document, or to give consent to the adoption of the Declaration, or an equivalent, is to execute once the same effect as the obligation.
The ban on the performance of the obligation in article 16, of the non-compete obligation Confers with the penalty of the obligation shall be prohibited from doing something or allow something to be done, will be implemented in such a way that the bailiff retrieves the threat of a fine, if the ban is violated, and, if necessary, a new set of periodic penalty payments. If ulosottoperusteessa is not the threat of a fine, the bailiff is first set up.
The obligation of compliance with the prohibition on the letter the defendant shall be advised immediately of the obligation to comply with the ulosottoperusteessa.
section 17 of the prevention of infringement of the ban If the bailiff may, in an appropriate manner to prevent the infringement of the prohibition on the action to be taken if, at such a ban has been violated. The defendant has a prior consultation with appreciable, if it does not interfere with implementation.
The respondent shall be informed of the activities referred to in subparagraph (1).
Chapter 8 the scope of and conditions for the implementation of the interim measures decision, the scope of application of article 1, in accordance with the implementation of this chapter, the seizure and other interim measures, as provided for in Chapter 7 of the code of judicial procedure.
section 2 of the applicant by the implementation of a precautionary measure, the bailiff of the collateral damage that the applicant is set, which can arise from the defendant as a precautionary measure.
The possibility of setting up the security provided for in the code of released from Chapter 7, paragraph 7, of the ML.
section 3 of Chapter 7 of the code by the defendant, referred to in article 1, the measure must not be implemented and the implementation of already submitted is to be withdrawn, the applicant's claim on the collateral if the defendant set the bailiff. The same applies to the rest of the implementation of the precautionary measure, if the defendant set the security which the applicant accepts, or and is responsible for the applicant's legal interest in bringing proceedings.
section 4 implementation of the main protective measure, the bailiff shall be withdrawn at the request of the defendant, unless the applicant can demonstrate that the Code referred to in section 6 of Chapter 7, the main issue has been initiated within the time limit. Also, the implementation shall be cancelled if it is established that the application was rejected on the merits of the case or been suspended or inadmissible.
Article 5 of the Vireilletulo procedure and article 5 of the code of judicial procedure of prior notification, Chapter 7, of the interim safeguard measure referred to in paragraph 2 of the decision may be enforced without giving the defendant the words of this law, Chapter 3, vireilletuloilmoitusta referred to in article 33 or 34 the prior notification referred to in article.
section 6 of the Seizure of the target Property, which the garnishment is prohibited, in order to secure the claim must not be arrested. In addition to the provisions of the other parts of the law that may not get arrested.
the implementation of article 7 of the seizure, seizure of movable and immovable property shall be implemented in accordance with Chapter 4, as the case may be, provided for an executive order.
If the claim at issue have been arrested to the value of the property, which lowers the cost of your treatment are high, fast or the property is sold to the extent applicable, in accordance with article 5 of Chapter 2 of the Act provides. Before the sale, the parties will be heard.
The bailiff must preserve the seized cash and cash equivalents in accordance with Chapter 6, section 23 provides.
section 8 of the legal effects of the implementation of the attachment the attachment has the same legal effects as ulosmittauksella, Chapter 4, section 37-41 and 78.
the implementation of the code of judicial procedure, a preventive measure, section 9 of Chapter 7 of the safeguard measure referred to in paragraph 3 shall apply mutatis mutandis to the implementation of this law in Chapter 7.
Article 10 of the code of judicial procedure, the monitoring trustee in Chapter 7, section 3, subsection 1, paragraph 4, or in accordance with article 13 of the Administrator's need to be managed and maintained carefully provided for in her trust account and shall, after the bailiff. Administrator's need to do this in Chapter 4, section 33 of the laws referred to in the registry.
The bailiff must be given the assistance of the administrator upon request.
the implementation of article 11 of the expenses for the payment of costs resulting from the implementation of the precautionary measure provided for in article 10 of Chapter 7 of the code of judicial procedure.
compliance with the other provisions of article 12 of the law, in addition to what is mentioned above in the implementation of the precautionary measures provided for in this chapter, shall apply mutatis mutandis, paragraphs 1 to 3, and in Chapter 9 to 12.
The bailiff to safeguard the implementation of the precautionary measure imposed by section 13 If it is likely that the chapter 7 of the code of 1, 2 or 3 of a risk as referred to in article at hand, the bailiff may impose and to implement the safeguard measure referred to in that section, if the applicant is confers, but his ulosottohakemukseensa are not immediately met.
A precautionary measure is valid for a period of up to six months. The bailiff may request to extend the period of validity of the licences, if there is a specific reason.
Article 14 protection of the bailiff may order Reinstatement and to implement the seizure, if it turns out that the debtor has disposed of the property to a third party as security or by operation of law, which is likely to be set in accordance with article 84 of Chapter 3, and not tolerate delay. The applicant shall not be required to put the security referred to in article 2 and article 3 of the enforcement cannot be prevented as intended.
Protective action as referred to in this article may not be appealed.
the period of validity of the attachment to the recovery of safeguard section 15 of article 14 of the Above: the meaning of seizure is valid for a period of two weeks. If the applicant during the period to submit a District Court decision, the relevant precautionary measure shall remain in force until the bailiff ordered the seizure of the District Court decision can be implemented, however, no more than two weeks of the adoption of the decision.
The bailiff shall withdraw the imposition of a seizure as soon as, if the applicant declares that he does not want to apply to the District Court to the Court for a precautionary measure or, if the District Court has rejected or failed it.
Chapter 9, section 1, the obligation to pay the costs of implementation costs, the defendant is liable to pay the necessary expenses incurred in the implementation of the obligation to pay or any other obligation of the property, the sale or retention of, the other bailiff enforcement actions. In the alternative, under the responsibility of the applicant.
Full details of the charges, which shall be carried out in order to compensate for the costs of the State, lays down separately.
section 2 of the Cost recovery Charges will be taken in the case of a uniform and a charged defendant. Unless the costs to get the defendant or he is not obliged to carry out, the costs of the applicant to the bailiff. Prior to the recovery of the costs is to be consulted.
Ulosottoasiassa set the security on the implementation of the decision may be under the charge of a bailiff or the place of residence of its cancellation costs, if the security is set to also replace them.
section 3 of the applicant's expense-account necessary for the implementation of the Bailiff may require the applicant to provide for an advance payment, however, in respect of the obligation to pay only the interim injunction, the sale of, or by, or be valid assurance interim measures shall bear the costs for the implementation of this decision. An advance payment shall not be required, if the applicant is a natural person and that the costs are likely to be of a uniform. An advance payment does not require the applicant to submit, which do not need to set up a guarantee according to the provisions of Chapter 3, section 44.
Unless the applicant to pay an advance payment, the bailiff may impose in respect of the implementation of the so far.
section 4 of the preliminary arrangements for the implementation of the expense of the defendant, bailiff of the obligation may be required at the request of the applicant, an advance on the implementation of the necessary costs for the defendant. Prior to that, the applicant must submit a reliable cost estimate costs and the defendant is to be consulted. If the defendant fails to pay an advance payment, the bailiff will charge it to him.
The applicant shall immediately after the implementation of the use of the advance to the bailiff to give an explanation. Otherwise, the advance may be charged to the applicant. Liikamääräinen-account must be returned to the defendant.
section 5 of the costs of the Costs of the measures, and the dynamic of the leftovers that have been left behind due to obsolete or incurred thereby attain cancelled an interim injunction, there is no charge for the applicant, if the non-can be considered, in the circumstances, reasonable.
Chapter 10 the implementation of Itseoikaisu, and the suspension of the implementation of article 1 of the Itseoikaisu Thing in the same ulosottoasiassa will correct the error correction of the bailiff was to work or decision if it is based on an incorrect or incomplete statement or manifest clearly the wrong application of the law (error correction).
The bailiff must make an adjustment after the discovery of the error without delay. Them, with the result of the adjustment, will be heard, if it has not, for a special reason.
Factual error correction in the course of an appeal provided for in article 12 of Chapter 11.
section 2 of the adjustment to the barriers on the basis of the correct a material error, the bailiff shall not: 1) where annex applies, if the auction sale on the publication of the notice, unless the rectification not weighty reasons;
the sale of 2);
3) asianosaisluetteloa after the sale of the same legal effect, or an enforceable decision without their consent, of the Division of the adjustment;
4. the implementation of the obligation to pay the final settlement after) without their consent, to the right of it refers to, and the implementation of the verification of the end of such a change.
If it turns out that the notification of the decision to a third party, function or property belongs to can be adjusted notwithstanding the provisions of paragraphs 1 and 3 of paragraph 1.
section 3 of the Bailiff will correct the typographical error in the adjustment ulosottoasiassa the decision or other document, a clerical error, or else they be treated as clear an error (typo correction) without delay after the discovery of the error.
Article 4 of the Decision, appeal the decision to the adjustment and to issue an error or typo corrected, must be made in writing. In addition to the reasons for the adjustment is a material error, as Chapter 3 of article 28 and 29. The rejection of the request for an adjustment to be made, the decision in writing, if requested in writing.
Factual error and a spelling error correction in the event of an appeal, as provided for in Chapter 11. The rejection of the request for rectification shall not be subject to appeal.
the notification of the decision under section 5 of the adjustment and the implementation of the Decision, in which case an error or a spelling error is corrected, the right shall be notified of the change. The adjustment shall be notified to the applicant, if different from that indicated in the notification of the decision to him earlier or is otherwise necessary. The rejection of the request for rectification shall be notified to the applicant.
The accumulated funds may be settled only against collateral before the adjustment decision has become final.
The bailiff shall immediately recover the funds, who have settled in the script because of an error or is accidentally paid the wrong person. Prior to this decision of the repayment obligation to the funds shall be returned to the person concerned, for information such as Chapter 3, article 40 and 41.
The implementation of article 6 of the implementation of the civil dispute, jurisdiction to deal with the issues before the Court may be a matter of dispute (the dispute), provided that: 1) the limitation period for a claim for payment or against or other claim that has arisen after the adoption of the final to execute;
2. in the implementation of the prescribed fee or is challenged) the repayment obligation, the creditor's right to receive payment of the security without the ulosottoperustetta, or the right of priority;
the implementation of the third party to oppose on the basis of 3), that it is infringing his right;
4) sets out the rest of the matters referred to in paragraphs 1 to 3 of the opposition or be treated as a requirement that the implementation of the settlement or its extension.
the provision of section 7 of the Bailiff to give a demonstration implementation of the civil action, the demonstration where the opposing party or the likely criteria and in support of the claim has been presented ulosottoasia has become unclear and not an explanation of ulosottomenettelyssä.
The demonstration can also be ulosottovalitusta the Court of Justice, unless the matter on its sheer size, or other special reasons, it is not appropriate to deal with the complaint. It shall notify the person concerned of the bailiff.
An indication is given to the opposing party or the claimant. If, however, the submission of proof of the issue should be worked on by someone else, an indication will be given to him.
the consultation of the parties, the parties and the implementation of article 8 of the counter are ulosottoasian the applicant or the respondent as well as the third party creditor and that the implementation of the law.
Before the adoption of the recipient and, where appropriate, demonstration demonstration of the other parties to the dispute must be heard.
the barriers to the adoption of section 9 of the Demonstration demonstration of the implementation of the implementation of the obligation to pay a civil action shall not give a final settlement. In a demonstration of the implementation will not be given after the end of the implementation have been passed successfully. You may not give an indication, if: 1) an objection or a claim relates to a point, which is the final decision in, or in relation to a decision of the court bailiff;
2), the person concerned has failed to submit a claim or a claim to the delivery, which he should become it according to the law;
3) has already been demonstrated to raise the same issue implementing civil action.
The bailiff may not give an indication of where the person concerned has complained about the same issue.
the content and the implementation of article 10 of the civil service of the Demonstration is to be given in writing. Demonstration: 1) to the District Court in which the action is to be increased, and the amount of time that the action was brought;
the parties to the dispute to which the 2) proceedings;
the reasons that led to the adoption of the 3) demonstration and the subject-matter of the dispute;
the current implementation of phase 4), if the demonstration will give a bailiff;
5) consequence of the action.
An indication shall be notified to the holder and, where appropriate, to other participants in the demonstration.
Article 11 of the appeal If the bailiff is implementing an action, the beneficiary of the dispute, the demonstration may be used instead of the right to appeal.
Implementation of the demonstration of the dispute should not be subject to appeal.
Article 12 of the proceedings and the implementation of the civil proceedings for failure to act in accordance with the demonstration within four weeks of the notification of the demonstration. Click the giver may on written application to extend the time limit, if it is an acceptable reason. The application should be made before the expiry of the initial time limit. The decision, in which the time limit has been extended, shall not be subject to appeal.
Unless these were instituted in accordance with the demonstration, the person concerned cannot rely on the argument that no longer ulosottoasiassa or requirement.
If the expression is invalid, and the error was clear to see, the application shall be deemed to have been brought on the right, if the person concerned has complied with the implementation of the civil action or an indication of what.
section 13 of the Application without an indication of the conditions laid down in article 6 are met, and the objections referred to in article 9, the implementation of the dispute can be brought without evidence or pending legal disputes may, at their request, to continue the implementation of the dispute before the Court concerned.
The Court must, without delay, inform the action referred to in subparagraph (1) or at the request of the person concerned to the bailiff. If a disputes action is stayed, the new implementation of the actions shall not result in an increase in the air.
the implementation of article 14 of the Competent District Court civil action brought under section 2 of Chapter 11 in the case referred to the District Court.
the implementation of article 15 of the court dispute is in all instances to be dealt with as a matter of urgency. Interrupt request is to be addressed right away. The Court will hear the ulosottomiestä, as it is not considered to be unnecessary.
According to section 16 of the impact of the implementation of the ulosottoasian to the contrary of the solution requires it, the bailiff will continue or cancel the implementation of the implementation of the civil action is brought. If evidence, accumulated funds can be settle only against collateral before against the judgment has become final. Without evidence of proceedings, without prejudice to the final settlement, the bailiff shall be subject to the suspension order. If a final settlement will be delivered, the action is to be able to deal with implementation of the dispute. The settlement provided for in Chapter 6, section 15, of the interruption.
the relationship between the dispute and the implementation of article 17 of the appeal It, that the complaint has been made, implementation of the actions shall not result in an increase in disputes of the same Act or decision, and not the one who has brought an action against the implementation of the dispute, not to complain about the same measure or decision.
the costs of the implementation of article 18 of the civil action is brought if the demonstration, the parties are responsible for their own costs. The Court may, however, for a special reason requires it, to which the Court's decision, in part or in whole to pay only the costs incurred to the extent applicable, in accordance with the code of over 21, the provisions of chapter.
If the dispute is brought without the demonstration of compliance with Chapter 21 of the code of judicial procedure, what.
On the liability of the State is, mutatis mutandis, in effect, what this law, Chapter 11, section 20 of the Act provides.
Suspension of implementation of article 19 of the decision of the Bailiff, the bailiff stopped may be interrupted for consideration on the implementation of the itseoikaisua.
The bailiff shall suspend the implementation of the implementation of the civil action, if the demonstration is given. The suspension is in effect until two weeks have passed since the initiation of the expiry of the period.
section 20 of the order of the Court of Justice, the Court of Justice suspended that deals with the implementation of the ulosottovalitusta or the dispute at the request of any party, or on its own initiative, may issue the suspension order. The order may be issued by the District Court of one of the judge's Office and the Court of one member. Interrupt request is to be addressed right away. Be temporarily without hearing the other party.
The suspension order, amending it, and in case of a solution is to immediately notify the person concerned of the bailiff.
The suspension order in conjunction with an appeal against the ulosottoperustetta provided for in article 13 of Chapter 2.
section 21 of the grounds for the suspension order and the order of interrupt content when considering the implementation of the step must be taken into account, the likelihood of a complaint or for the approval of the extension of the implementation of the action, suspension, or possible harm to the parties, as well as other related issues.
If the value of the ulosmitatun property to fall fast or asset management costs are high, or if the auction is published in sales, sales may be determined to be suspended only if it is a weighty reason, or if the two in the first case, sets the security costs and compensation.
the content of the provision of section 22 of the implementation of the order to Suspend Suspend, partially or wholly suspend the order as follows: 1) shall be limited to all or part of the obligations on the part of the ulosottoperusteessa of the amount of the claim;
the order shall be limited to a specific property of 2);
3 provision of the seizure, but allowed) bans the sale or settlement;
4) warrant is issued in any other way as partial.
For a special reason, the Court may order that the already completed implementation of the Act is to be withdrawn or that the suspension of the applicant's claim to the bailiff must guarantee or suspension to the other party shall bear the costs and damage potential.
the period of validity of the order to Suspend pursuant to article 23 of the order is in force the suspension of the time when the proceedings before the Court in the main proceedings, does it take to process the issuing. The period of validity may be shortened or extended, up to a maximum until the given in the main proceedings or the upper Tribunal to give effect to the new order.
The suspension of the injunction issued by the Court may not change the suspension order, cancel it, or give a new order.
the impact of the implementation of article 24, the bailiff shall suspend the execution after receipt of notification of the suspension order. The implementing measures shall remain in force, unless the Court has not ordered them cancelled.
If the bailiff finds out that ulosmitatun the value of the property to fall quickly during the suspension period, or asset management costs are high, he shall, where appropriate, shall inform the Court that issued the order of suspension.
section 25 of the Bailiff of the Court of appeal the decision or the settlement stopped the case may not be contested separately.
the ban on the activities of the right of withdrawal or suspension of section 26 of the above in this chapter, provides for a suspension order shall also apply to the cancellation of an order is issued, in which the implementation of the ban or suspension. It also said the ban can be issued by the Court itself. In this case, the order is in effect until the solution has become final or the upper Tribunal to give effect to the new order.
Chapter 11 section 1 of the appeal of the bailiff on the procedure of appeal right of appeal from the decision of the implementing measure or bailiff must not complain about it, that the right to work or the decision.
After a final settlement can be only settled to the error.
the implementation of action 2 of the competent court or an appeal is brought against a decision of the district court bailiff's Court appealing.
Ulosottovalituksia deals with the Åland, Espoo, South Karelia, Helsinki, Oulu, Lapland, central Finland, Pirkanmaa, Ostrobothnia, Northern Savonia, Finland, Satakunta, Southwest Finland, Vantaa and district courts. The District Court to the Court of the rights provided for in the regulation of the Council of State in these matters in the districts. (December 29, 2009/1756)
An appeal of the ruling of the District Court in whose jurisdiction Enforcement Act has been carried out.
section 3 of the withdrawal of the complaint and the notice of appeal shall be the Office of the clerk of the action or decision made by a bailiff, sections 5 & 6: on the last day of the period referred to in before the end of the Office hours. Notice of appeal shall be in writing or in an electronic message. If the appeal is late, the appeal of the right will be lost.
A written notice of appeal is the appellant, or, if he is not drafted, its author to be signed for.
The complaint is withdrawn by submitting a letter of cancellation in writing or by electronic means, the bailiff or the clerk of the District Court concerned.
section 4 of the Complaint in the District Court of Appeal will be brought before the competent vireilletulo, when the notice of appeal is received at the bailiff's Office. The complaint documents and a copy of the case to the District Court must, as soon as the accumulated ulosottoasiakirjoista forward. At the same time, the bailiff shall be the District Court a statement as to whether the appeal arrived within the time limit.
If the appeal is submitted within the time limit other than the existence of the bailiff of the action or decision, or it has been submitted to the competent District Court, the appeal shall be deemed to have been properly brought. A copy of the notice of appeal, or it will be immediately so inform the bailiff of the decision or action to be submitted.
section 5 of the Appeal time limit the time limit for making a complaint are three weeks.
A change to the existing ban on the payment of wages or other, which is toistuvaistulon, through precautionary garnishee, for use without a time-limit to apply.
section 6 of the calculation of the time limit for the appeal period is to be calculated from the date on which the delivery took place to the person concerned or the decision was made, if it is him he has been notified in advance or delivery. The period shall be calculated from the complaint, which concerns: 1) or asianosaisluetteloa or any other sale-related transaction, from the time prior to the sale of the sales has been submitted;
2. the rules governing the distribution of when), Chapter 6, section 5 of the Division referred to in the decision is made;
3) of the Bill, after the funds have been sent to the creditor.
In the case referred to in subparagraph (1), other than the complaint period is to be calculated from the date on which the person concerned has been informed of the decision by the or.
section 7 of the new time limit If the party concerned can be legal or other acceptable reasons to appeal within the time limit, the bailiff shall be placed on the application of the new deadline. If the bailiff is of the opinion that a new deadline should be set, the case shall be transferred to the District Court for a ruling.
A new time-limit has to be requested by written application or electronic message received by the end of the period before the original appeal.
the contents of paragraph 8 of the notice of appeal the notice of appeal, which shall be addressed to the relevant District Court, shall state the following particulars: 1. the implementation of the decision, act or bailiff) that in the event of an appeal;
2) identified the requirement for and the matters to which the claim is based;
3) evidence on which to rely, and what you want to prove each of the proof;
4) contact information for the agent or Assistant, as well as the e-mail address and any other address at which the service can be sent to the appellant on this issue.
Also, the appellant, as well as the contact information of a witness or other person to be heard shall be informed in an appropriate manner to the District Court. The appeal letter should be attached to the written evidence on which the appellant relies.
the impact of the implementation of article 9 of the Appeal does not suspend the implementation of the Appeal, unless the law provides otherwise or the Court let the suspension provision. The settlement provided for in Chapter 6, section 15, of the interruption.
If the garnishment is lifted, the bailiff shall without delay take steps to cancel the attachment ex officio, unless the court orders otherwise.
section 10 of the bailiff's statement If the notice of appeal will be asked for the suspension of the implementation of, the relevant opinion of the bailiff shall immediately submit the interrupt for the District Court. Apart from that, the bailiff shall shall forward its opinion to the complaint within two weeks of the arrival of the notice of appeal. The District Court can, for a justifiable reason, extend the time limit.
the content of article 11 of the Opinion in its opinion, the Bailiff shall give a statement of implementation measures, as well as the reasoned statement of the criteria set out in the appeal and the statement of the grounds on which the claim is based. In addition, the opinion of the parties, the current implementation of ulosottoasian must be notified and the possible implementation of the suspension and that, when the suspension ends. The statement must be accompanied, as appropriate for the service concerned-the addresses and other contact information.
Article 12 of the Itseoikaisu in the context of the activities referred to in the notice of appeal may be corrected by a bailiff or a decision, as referred to in Chapter 10, article 1 to 5. Itseoikaisu is the function of this section within the time provided for in Chapter 10.
The decision, in which the error has been corrected, shall, without delay, to the District Court instead of the opinion. The bailiff shall be submitted to the District Court, also a statement as to whether the adjustment decision acquired the authority of a final decision. A party may itself bind the writing to inform would be content with the itseoikaisupäätökseen.
section 13 Appeal to present proof of shipment, whether to appeal against a decision or action in respect of the complaint and what is to follow. The appeal of an indication should be attached to the provisions of Chapter 3, article 36 notification of the decision referred to in the provision in the second-the copy of the application.
the contents of the appeal, the Appeal of the demonstration section 14 of the demonstration shall be: 1), the Court with which the appeal is sought;
2 the amount of time) and how it is calculated.
3) how the complaint will be driven to your destination;
4 the content of the notice of appeal and the annexes);
5) appeal, the suspension of the content of the main provisions concerning the effects of and.
If the complaint is not valid, and the error was clear to see, the appeal shall be deemed to have been made correctly, if the person concerned has complied with the evidence, or what the complaint.
The appeal court, section 15, of the order of the District Court of appeal in the District Court shall apply mutatis mutandis to the provisions of Chapter 8 of the code of judicial procedure.
The complaint is to be dealt with as a matter of urgency. Interrupt request is to be addressed right away. In addition to the opinion of the District Court will also hear the ulosottomiestä otherwise, unless it can be considered redundant.
If the District Court has allowed the implementation of an action against the appellant, the appeal for the lifting of the demonstration of a dispute referred to in the lapse of demonstration.
the scope of the investigation, section 16 of the District Court of the validity of the exams of the action or decision may be to examine the complaint and response to reported issues.
The list can be changed only in the Asianosaisluetteloa or Division of an applicant for a change to the benefit of the doubt.
section 17 of the Itseoikaisupäätöksen effect of the complaint may be resolved after that, when the decision referred to in article 12, in which the error has been corrected, has acquired the authority of a final decision. The appeal is void to the extent that the adjustment will make the appeal in error. Also, if there are complaints about the decision, complaints are handled together with the adjustment.
section 18 (26 June 2009/521) demonstration of the complaint If the notice of appeal is a statement that a bailiff has made an incorrect official action or neglected as a consequence of making a transaction, and the announcement of a change in an application to be examined, must be submitted to the District Court of appeal, in so far as inadmissible and shows the relevant national agency of the country of the kantele.
Article 19 further appeal Appeal to the Court of appeal the District Court's solution is sought in accordance with the appealing, mutatis mutandis, to section 25 of the code of judicial procedure, what. The District Court shall immediately send the appeal to the Court of appeal.
The procedure before the Court of appeal and of the appeal to the Supreme Court is otherwise valid, mutatis mutandis, the provisions of article 15 (2) and (3) of section, section 16 of the Act, as well as chapter 26 of the 30 chapters.
section 20 of the costs of the Ulosottovalitusasiassa, the parties are responsible for their own costs. The Court may, however, for a special reason requires it, to which the Court's decision, in part or in whole to pay only the costs incurred in accordance with the change over to apply, mutatis mutandis, to the provisions of Chapter 21 of the code of judicial procedure.
If the complaint is accepted, the State may be a third party on their behalf for the order in part or in whole for such reasonable legal costs, to the detriment of a third party, if the costs of the residues can be, given the circumstances, unreasonable. The State may be imposed to pay the expense of the party the costs of the proceedings, if there has been a clear error, which would come to fix itseoikaisuna. Prior to the imposition of a State of the recoverable costs national agency should be consulted. (26 June 2009/521) the provisions of section 1 of Chapter 12 of the more detailed provisions in the Various detailed rules on the organisation of the administration of the employment, as well as any other on the implementation of this law, shall be provided to the State by means of a Council regulation.
2. The provisions of article (26 June 2009/521), the National Agency for the implementation of the provisions of this law may provide administrative.
Chapter 13-the date of entry into force and transitional provisions for the entry into force of article 1 of this law shall enter into force on 1 January 2008.
This Act is repealed on 3 December 1895 of ulosottolaki (37/1895) as well as 3 December 1895 the entry into force of the regulation and a new execution of what it is to heed the take (37/1895), as amended (the former Act).
section 2 transitional provisions 1. Before 1 March 2004 which have been initiated by the law in force at the time it applies the change to the law on the Enforcement Act (679/2003)-the date of entry into force and transitional provision laid down in subparagraph 2.
2. Before 1 January 2007 which have been initiated by the law in force at the time it applies the change to the law on the Enforcement Act (452/2006)-the date of entry into force and transitional provision 2 – 12 provides. This law, Chapter 4, article 49, paragraph 1, sub-paragraph (3) shall be taken to apply one year after the entry into force of this law, and also in proceedings.
3. the provisions of this section 11 of Chapter 1 of the laws of (1) and (2), article 12, as well as other administrative agency of the entry into force of the provisions provided for separately. Until then, the Ministry of Justice and the administrative tasks of the agency include the County perform for the rest of the those of the earlier law requires.
4. at the time of entry into force of this law, ulosottolaitoksen will build in accordance with the current courts can commit an offender. The transfer does not require the consent of a public official, not only if the official is transferred to another place. Ulosottovirastossa, which consists of more than one at the time of entry into force of the law had been ulosottopiiri, may temporarily have more than one of the leading local bailiff. One of them belongs to the action of the Chief Editor of the ulosottoviraston, and kihlakunnanvoutiin shall apply to the provisions of this Act provides for the leading local voudista. As head of the Agency, the Swedish Enforcement Administration civil servants make up a leading local for the first time to be picked up without declaring, if the post shall be appointed on the leading local enforcement service or local enforcement service at the date of entry into force of the laws, which belongs to the ulosottoviraston domain. His Office will continue to lead to clerks, whose work on the domain corresponds to the ulosottoviraston domain.
5. What Chapter 1, section 14 of the Act provides, following the entry into force of this Act, the functions of the post.
6. What does the muscular ulosottomiehestä in other parts of the law, after the entry into force of this kihlakunnanulosottomiestä.
7. the provisions of this Act, Chapter 2, sections 24 to 28 shall also apply before the entry into force of the law on ulosottoperusteeseen and at the time of entry into force of the laws referred to therein, as well as to the claim of pending ulosottoasiaan. If, however, confers a right has been given before 1 March 1993, the limitation period shall be calculated on the amount of time to execute, and the date of the claim.
8. the provisions of this law, Chapter 3, paragraph 113 of the law shall apply to the proceedings after the entry into force of the future.
9. implementation of the operation or the bailiff, a decision which is made before the entry into force of this law, in the event of an appeal, and the appeal is processed earlier in accordance with the law. The implementation of the civil action, which has been issued or which is brought out without evidence of prior to the entry into force of this law, deals with the past, in accordance with the law.
10. Before the entry into force of this law may be to take the measures needed to implement the law.
a reference to the provisions of paragraph 3, if in a law or regulation refers to ulosottolakiin, shall apply to the corresponding provision of the law.
THEY LaVM 26/83/2006, 2006, 2006 change in provisions 275/EV, entry into force and application in time: 9 November 2007/987: this law shall enter into force on 1 January 2008.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY'RE 90/2007, 4/2007, EV PeVM 48/2007 may 29/365: this law shall enter into force on 1 January 2010.
THEY LaVM 233/2008, 3/2009, 26 June 2009/37/2009 EV 521: this law shall enter into force on 1 January 2010.
The decision of the Ministry of Justice, Ulosottovirastojen offices (866/2007) is valid until the offices of the Ministry of Justice provided for in the regulation.
Before the entry into force of the law can be used to take the measures needed to implement the law.
THEY'RE 46/2009, LaVM 8/2009 20 November 2009/72/2009, EV 9: this law shall enter into force on 1 April 2010.
The provisions of this law shall also apply to the entry into force of the laws of the pending issues. In essence, the information will be taken, however, to provide a longer-lasting only two years after the entry into force of this law.
The bailiff must inform the debtors of the credit data activities, for which all the information provided by the bailiff, according to available based on the ulosottoperusteisiin, of which the time limit has expired prior to the entry into force of this law.
THEY LaVM 93/2009, 12/2009, 22 December 2009/129/2009 EV 1417: this law shall enter into force on 1 January 2010.
Before the entry into force of this law may be to take the measures needed to implement the law.
THEY 161/2009, HaVM 18/2009, 22 December 2009/1614 to EV 205/2009: this law shall enter into force on 1 July 2010.
THEY YmVM 10/24/2009, 2009/December 29, 2009-EV 206 1756: this law shall enter into force on 1 January 2010.
The action pending at the time of entry into force of this law the case goes to the District Court of law: 1), Jyväskylä, central Finland to the District Court;
in the District Court of Kuopio right 2) North Savo District Court;
3 on the right of the District Court of Päijät-Häme Bay) to the District Court;
in the District Court of law 4) Lappeenranta South Karelia to the District Court;
5) Pori District Court on the right of Satakunta to the District Court;
6 in the District Court of the District Court of Lapland in Rovaniemi on the right);
in the District Court of Tampere, Pirkanmaa) 7 on the right of the District Court;
8 in the District Court of Turku Varsinais-Suomen) on the right of the District Court;
in the District Court of Vaasa the right base of the country's 9) to the District Court.
Notwithstanding the provisions of section 2 of Chapter 11 of the Act provides, in the North-Karelian at the date of entry into force of this law, the Court is dealing with the River to the mouth of the District Court, the District Court of the District Court of Kajaani in Kainuu, the District Court of the District Court of Kotka, Kymenlaakso, Etelä-Savon, the District Court in the District Court as well as the South of Mikkeli in the North of the country, the district court action pending in the District Court of the city of Seinäjoki in the law.
Before the entry into force of the law can be taken in the implementation of the law.
THEY LaVM 18/227/2009, 2009, EV 240/2009 05/14/2010/397: this law shall enter into force on 1 December 2010.
THEY'RE 102/2009, LaVM 2/2010, EV 21/2010 24.6.2010/652: this law shall enter into force on 1 January 2011.
THEY LaVM 105/2009, 4/2010, EV 49/2010 of 4 February 2011/99: the entry into force of this Act specifically provided for by law.
THEY LaVM 27/146/2010, 2010, EV-243/2010 30.12.2013/1161: this law shall enter into force on 1 January 2014.
THEY LaVM 17/14/2013, 2013, EV 203 19.9.2014/741/2013: this law shall enter into force on 1 January 2015.
THEY'RE 57/16/2014, 2013, HaVM EV 79/2014 19.12.2014/11: this law shall enter into force on 1 January 2015.
THEY LaVM 12/83/2014, 2014, EV 156/2014 10.4.2015/408: this law shall enter into force on 1 may 2015.
THEY are 215/18/2014 2014, LaVM, EV 22.5.2015/260/2014 637: this law shall enter into force on 1 June 2015.
THEY HaVM 53/174/2014, 2014, EV 339/2014