Takaisinsaantilain soveltamisalasta – erityisesti velallisen passiviteetin merkityksestä
Avainsanat:
insolvenssioikeus, takaisinsaanti, lahja, lahjanluontoinen oikeustoimi, varojenjakoAbstrakti
Scope of application of the Act on the Recovery of Assets to a Bankruptcy Estate – focusing on the debtor’s passivity
The purpose of the article is to examine the scope of application of the Act on the Recovery of Assets to a Bankruptcy Estate. The main question is what kinds of transaction can be set aside in bankruptcy proceedings and whether, and to what extent, they differ from the transactions, which are considered as unlawful distribution of assets according to the Companies Act.
There is a special focus on the debtor’s passivity. Let us assume that Company A rents a property from Company B. Thereafter, Company B spends a decent amount of money to renovate that property. According to the contract, Company B has the right to increase the rent, but it never does so. Can such passivity be set aside in the bankruptcy of the Company B? On the other hand, the problem is also whether such conduct can be deemed to be unlawful distribution of assets under the Companies Act.
