Anexo Jurisprudencial. Sentencia del Tribunal Europeo de Derechos Humanos. Case of Bäck v. Finland, 20 de julio de 2004

• Pages: 201-211
• Author: Fátima Yáñez Vivero

ANEXO JURISPRUDENCIAL

SENTENCIA DEL TRIBUNAL EUROPEO

DE DERECHOS HUMANOS. CASE OF BÄCK V.

FINLAND, 20 DE JULIO DE 2004 1

THE FACTS

I. THE CIRCUMSTANCES OF THE CASE

1. The applicant was born in 1957 and lives in Karperö. In 1988 and 1989 he and

another person contracted to guarantee a bank loan granted to N. As N. was eventually una-

ble to meet the reimbursement conditions, the applicant and his co-guarantor each paid the

bank approximately 113 000 Finnish markkas (FIM) [approximately 19 000 euros (EUR)],

excluding interest, in 1991.

2. In 1995 N. applied for a debt adjustment in accordance with the 1993 Adjustment

of Debts (Private Individuals) Act (laki yksityishenkilön velkajärjestelystä, lag om skuldsa-

nering för privatpersoner 57/1993 – «the 1993 Act») and proposed a payment schedule for

the court’s approval.

The applicant opposed the request, arguing that such an adjustment could lead to an unjusti-

ed deprivation of his property, consisting of his claim against N. The applicant argued that

N. was young and healthy and could be expected to be able to reimburse his debts to the

guarantors in due course. In the alternative, the applicant requested that the adjustment of

N.’s debts be postponed.

3. On 19 April 1996, after N. had found employment, the District Court (käräjäoikeus,

tingsrätten) of Korsholm granted him a debt adjustment and adopted a payment schedule

which was to take eect on 1 June 1996 and remain in force for ve years. The applicant’s

1 Texto extraído de https://hudoc.echr.coe.int/fre?i=001-90937

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