Siirtovelvoitteissa

Siirtovelvoitteissa refers to the legal regime under which debt obligations can be transferred from one party to another within the Finnish legal system. The concept is primarily used in commercial and financial contexts, where a creditor may transfer a debt to a third party, thereby creating a new debtor while preserving the enforceability of the original obligation.

Under Finnish law, the transfer of a debt is governed by the Act on Debt Recovery (Näonnäkysoikeudellinen laki) and the Act on Contracts (Sopimuslaki). The transfer must be documented in a written agreement that specifies the identities of the original and new parties, the amount, and the terms of the obligation. The new debtor assumes responsibility for the debt as if the original obligation had always been theirs. This mechanism is frequently employed in securitization, factoring, and loan sale arrangements.

The transfer is subject to disclosure requirements. According to the Act on Mortgage and Bill of Exchange, the original creditor must notify the debtor of the transfer, and the new creditor must confirm the acceptance of the obligation. Failure to comply can render the transfer invalid or give rise to additional claims.

In bankruptcy proceedings, the assignment of debt obligations can influence the priority of claims. Creditors who acquire obligations through a valid transfer may be entitled to claim payments from the bankrupt estate, provided the transfer was consummated before the bankruptcy petition. However, fraudulent transfer claims under the Finnish Bankruptcy Act can void such arrangements if the intent was to defraud creditors.

Siirtovelvoitteissa is thus a critical tool in financial restructuring and asset management, enabling flexibility while maintaining legal certainty for both debtors and creditors.