KKO 2306/1995
Generato dall'IA
Supreme Court held a sold truck belongs to the seller and is not subject to business attachment.
Finlandia (FI)
Sintesi Legislator
Generato dall'IAThe Supreme Court ruled that a truck sold by a debtor remained the debtor's property and was excluded from business attachment proceedings. The creditor argued the vehicle should be seized to satisfy the debt, while the debtor claimed ownership had transferred upon sale. The court determined that without proof of actual delivery or transfer of possession, the vehicle legally belonged to the seller and thus could not be attached for the buyer's debt.
Regesto Legislator
Generato dall'IAs. 1000.1 C. 10; s. 1000.2 C. 10: A movable asset sold by a debtor but not yet delivered to the buyer remains the debtor's property and is not subject to business attachment.
Parole chiave
Generato dall'IA
business attachment
ownership transfer
delivery of goods
debtor property
supreme court ruling
spese giustificate dall'uso commerciale
comportamento dell'impresa
tutela degli interessi commerciali
Disposizioni normative citate
Generato dall'IAs. 1000.1 C. 10
s. 1000.2 C. 10
Decisioni correlate
Generato dall'IAkko-precedent_1989_23
Supreme Court dismisses CEO's appeal; prior return claim rejected as reasonable compensation for work done.
kko-precedent_1988_71
Supreme Court dismisses appeal; bankruptcy trustee's post-liquidation duties do not include providing alternative work under Labor Protection Act.
kko-other_1996_5050
Supreme Court dismisses appeal regarding business transfer and ineffective termination of trust manager's contract under TSL Act.
market_1994_13
Market court dismisses trade secret misappropriation claim due to lack of evidence and improper venue for employment dispute.
kko-precedent_1990_177
Supreme Court dismisses appeal against directors' liability for continuing company operations despite capital deficiency.
Testo completo
Kysymys siitä, oliko velallisen myymä kuormaaja kuulunut velallisen omistukseen ja yrityskiinnityksen piiriin.