pakkolunastus

Pakkolunastus, literally “forced redemption,” is a legal mechanism by which one party can compel another to transfer property or rights to a third party, even without the owner’s consent. The term is used in different contexts, most commonly in public law and in corporate law, where the details of the process and the grounds for use vary by jurisdiction.

In public law, pakkolunastus refers to expropriation or compulsory purchase by a state or local authority for public purposes such as infrastructure, housing, or urban development. The use of expropriation is generally subject to statutory procedures, requires a shown public interest, and obligates the expropriating authority to pay compensation. The owner typically has the right to challenge the decision and to appeal the amount of compensation in appropriate forums, and the aim is to provide fair value for the taken property.

In corporate law, pakkolunastus describes a mechanism that enables a majority shareholder or the company to force minority shareholders to sell their shares, often after reaching a threshold of ownership or following a merger or takeover. The objective is to achieve full control or simplify ownership. The sale price is usually based on fair value, determined through negotiation or by independent valuation, and minority shareholders may have legal avenues to challenge the price or procedure in court or regulator processes, depending on the jurisdiction.

Overall, pakkolunastus balances the interests of efficient decision-making and control with protections for property rights and fair compensation. See also expropriation, compulsory acquisition, and squeeze-out.