Täytäntöönpanoperusteet

Täytäntöönpanoperusteet refers to the legal grounds upon which a court judgment or other enforceable instrument can be executed. In Finland, these grounds are primarily established by law and define when and how a creditor can initiate enforcement proceedings to collect a debt or enforce an obligation.

The most common täytäntöönpanoperuste is a legally binding court judgment, such as a default judgment or a judgment given after a trial. Other common grounds include legally binding decisions from certain administrative authorities, such as tax authorities or social insurance institutions, when they concern monetary claims. A promissory note or an invoice can also serve as an enforceable title if it meets specific legal requirements, such as being authenticated and stating a clear obligation.

Furthermore, a lease agreement that has been formally certified by a notary public can be an enforceable title for the recovery of rent. In some cases, settlements reached in conciliation proceedings or mediation that have been approved by a court can also be used as grounds for enforcement.

The purpose of establishing specific täytäntöönpanoperusteet is to ensure that enforcement actions are based on solid legal grounds and that debtors are protected from arbitrary or unjustified enforcement. The existence of a valid täytäntöönpanoperuste is a prerequisite for the enforcement authority, the Ulosottolaitos, to initiate any enforcement measures. The creditor must present the relevant enforceable title to the enforcement authority to start the process.