European Commission > EJN > Applicable law > Finland

Last update: 13-03-2007
Printable version Bookmark this page

Applicable law - Finland

EJN logo

This page is now obsolete. The update is currently being prepared and will be available in the European e-Justice Portal.


 

TABLE OF CONTENTS

I. Sources of the rules in force I.
I.1. National rules I.1.
I.2. Multilateral international conventions in force I.2.
I.3. Principal bilateral conventions in force I.3.
II. Implementation of conflict of laws rules II.
II.1. Obligation of the judge to apply conflict of laws rules on his/her own initiative II.1.
II.2. Renvoi II.2.
II.3. Change of connecting factor II.3.
II.4. Exceptions to the normal application of the conflict of laws rules II.4.
II.5. Proof of foreign law II.5.
III. Conflict of laws rules III.
III.1. Contractual obligations and legal acts III.1.
III.2. Non-contractual obligations III.2.
III.3. Personal status III.3.
III.4. Establishment of parent-child relationship, including adoption III.4.
III.5. Marriage, unmarried couples, partnerships, divorce, judicial separation, maintenance obligations III.5.
III.6. Matrimonial property regimes III.6.
III.7. Wills and successions III.7.
III.8. Real property III.8.
III.9. Insolvency III.9.

 

I. Sources of the rules in force

I.1. National rules

Both statutory law and common law are sources of the rules in force.

I.2. Multilateral international conventions in force

  • European Convention on Recognition and Enforcement of Decisions concerning Custody of Children and on Restoration of Custody of Children
  • Act on Law Applicable to Sale of Goods of International Character
  • Convention on the law applicable to contractual obligations
  • Convention between Finland, Denmark, Iceland, Norway and Sweden including Provisions of Private International Law on Marriage, Adoption and Guardianship
  • Convention between Finland, Denmark, Iceland, Norway and Sweden on Inheritance, Testaments and Estate Administration
  • Convention between Finland, Denmark, Iceland, Norway and Sweden on Bankruptcy
  • Convention on the Civil Aspects of International Child Abduction
  • Convention on International Sale of Goods
  • Convention on Protection of Children and Cooperation in Respect of Intercountry Adoption.
  • Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions
  • Convention on Product Liability

In addition, provisions affecting the conflict of laws are to be found in several transport agreements, such as the Convention on the Contract for the International Carriage of Goods (CMR) and the Convention concerning International Carriage by Rail (COTIF).

TopTop

Additional information: http://www.finlex.fi/en/

I.3. Principal bilateral conventions in force

  • Agreement between the Republic of Finland and the People’s Republic of Poland on Legal Protection and Legal Assistance in Civil, Family and Criminal Matters
  • Agreement between the Republic of Finland and the Union of Soviet Socialist Republics on Legal Protection and Legal Assistance in Civil, Family and Criminal Matters

Additional information: http://www.finlex.fi/en/

II. Implementation of conflict of laws rules

II.1. Obligation of the judge to apply conflict of laws rules on his/her own initiative

There are no laws in Finland on whether the judge is obliged to apply the law of a foreign state on his/her own initiative. According to legal literature the court of law can, at least in matters where mediation is allowed, apply its own law unless the party in question has referred to the law of a foreign state.

In matters where mediation is not allowed the court shall generally apply the conflict of laws rules on his/her own initiative.

II.2. Renvoi

Generally speaking, the Finnish attitude towards the possibility of applying renvoi in private international law is negative. Some Acts include an express prohibition against renvoi.

TopTop

The basic principle is that renvoi is allowed only by virtue of an express legal provision. Such a provision is to be found in the Marriage Act, section 108:2, which states that the right to marry before a Finnish authority is in some cases determined by the law applicable to the examination of impediments to marriage in the state whose citizen the engaged person is or where he/she is habitually resident.

II.3. Change of connecting factor

A change of connecting factor does not affect acquired rights. There are explicit rules on some cases of changed connecting factors. For instance, section 129(2) of the Marriage Act provides that the act to be applied on property ownership relations can, under certain circumstances, be exchanged for another if the connecting factor changes.

II.4. Exceptions to the normal application of the conflict of laws rules

The principle of ordre public is regarded to be in force in Finland as a general principle of international private law. The principle is explicitly expressed in some international conventions binding Finland and in national laws.

Some acts, such as the Marriage Act and the Inheritance Code, include special provisions on internationally mandatory provisions.

II.5. Proof of foreign law

If the court is not familiar with the law of another state, the court shall, according to Chapter 17(3) of the Code of Judicial Procedure, exhort the party to present evidence on the same. If, in a given case, it is specially provided that the court is to obtain information on the contents of the foreign law applicable in the case, the specific provisions apply. If, in a given case, foreign law should apply, but no information is available on its contents, Finnish law applies instead (Code of Judicial Procedure, Chapter 17(3).

TopTop

The Act Relating to Certain Family Relations of International Character includes a special provision on obtaining information on the contents of a foreign law. Section 56 states that the court is responsible for obtaining information on the contents of foreign law. If no information can be obtained, Finnish law shall apply.

Finland is bound by the European Convention on Information on Foreign Law. According to Article 1.1 the Contracting Parties undertake to supply one another, in accordance with the provisions of the Convention, with information on their law and procedure in civil and commercial fields as well as on their judicial organisation.

The information on the contents of foreign law can be presented orally or in writing in connection with the trial.

III. Conflict of laws rules

III.1. Contractual obligations and legal acts

The Convention on the Law Applicable to Contractual Obligations (the Rome Convention) came into force in Finland on 1 April 1999. It is, in principle, applied to all contractual obligations in any situation involving a choice between the laws of different countries. The general principle is that the parties can choose which law to apply to a contract. In certain cases, such as consumer contracts and individual employment contracts the choice of law is, however, of limited significance. If no choice of law has been made, the contract shall be governed by the law of the country with which it is most closely connected. The Convention includes presumptive provisions on what circumstances are to be decisive in determining the country to which the contract is most closely connected.

TopTop

As regards individual employment contracts, the Rome Convention is supplemented by the Posted Workers Act, based on Community legislation. The Act concerns workers posted to Finland for a limited period of time within the framework of transnational provision of services. In the Act are enumerated questions concerning terms and conditions of employment where the provisions of the Finnish labour legislation and generally binding collective agreements are applied to the posted worker. Regardless of which law is otherwise applicable to the employment contract of a worker posted to Finland, the employer shall apply the provisions and orders on e.g. pay, annual holidays and working hours specified in the Act in so far as they are more favourable to the worker than the legal provisions that would otherwise be applicable. The provisions of Finnish law on minimum paid annual holiday and minimum pay are, however, not applicable to certain assembly and installation work, if the duration of the posting is at most eight days. 

As to consumer contracts, the Rome Convention is supplemented by the provisions of the Consumer Protection Act, based on Community legislation. According to Chapter 4(5) a conflict of laws term according to which the contract is subject to the law of a state outside the European Economic Area shall not prevail over the provisions of a member state of the European Economic Area on unreasonable contract terms, applicable but for the term in question, if the provisions offer a more effective protection of consumers against unreasonable contract terms than does the law that would be applied on the basis of the conflict of laws term. A corresponding rule limiting the effects of the conflict of laws rules concerns the provisions on distance selling of Chapter 6(6). In addition, there are special conflict of laws’ rules on the marketing and selling of time-share housing in Chapter 10 of the Consumer Protection Act. According to Chapter 12(1)(f) of the Consumer Protection Act, the Rome Convention shall, where appropriate, be applied also to contractual obligations under the Consumer Protection Act even if the obligations do not fall under the scope of the Convention.

TopTop

Moreover, the Act on Law Applicable to Insurance Contracts is applied to insurance contracts of an international character. By the Act, the EC regulation on the law applicable to insurance contracts has been implemented.

The Convention on Contracts for the International Sale of Goods (CISG) is applied to the international sale of goods. The Convention governs the formation of international contracts of sale, the obligations of the contracting parties arising from such a sale and the sanctions for breach of the obligations.

The Act on Law Applicable to Sale of Goods of International Character is applied to the sale of goods of an international character. The Act is based on the The 1955 Hague Convention on the Law Applicable To International Sale Of Goods. According to section 3 of the Act the buyer and seller may expressly agree that the law of a specific state be applied to a sale. Section 4 states that in the absence of a choice of law under section 3 by the parties, the sale shall be governed by the law of the State where the seller had his place of habitual residence when he received the order. If the order was received by a business owned by the seller, the sale shall be governed by the law of the State where the business is situated. Section 6 includes a provision expressing the principle of ordre public.

Conflict of laws rules governing special contracts can be found in i.a. the Bills of Exchange Act, the Act on Cheques and the Maritime Act.

Additional information: http://www.finlex.fi/en/

III.2. Non-contractual obligations

The Finnish legislation does not contain any provisions on what law is to be applied to non-contractual obligations, nor are the conflict of laws rules established in customary law.

TopTop

There are some special provisions on certain questions relating to non-contractual obligations. Finland is bound by the Hague Convention of 1973 on Law Applicable to Products Liability.

The Act on Competition Restrictions, section 2(4) affects the choice of law in connection with non-contractual liability for damages. The section determines the application of this Act on competition restrictions limiting economic competition outside Finland. Unless otherwise provided by a Decree from the Council of State, the Act shall, according to section 2(4) not be apply to competition restrictions limiting economic competition outside Finland in so far as it is not directed against Finnish clients. The State Council may prescribe that the Act be extended to cover a competition restriction felt abroad if so required by an agreement made with a foreign state, or if it is in the interests of Finland's foreign trade. The provision in question shall, however, according to section 2(5) not apply to such measures taken by the Finnish Competition Authority which are covered elsewhere in the EC statutes.

Additional information: http://www.finlex.fi/en/

III.3. Personal status

In Finland everybody is recognized as having legal capacity.

What law to apply in guardianship cases is determined by the Act Relating to Certain Family Relations of International Character. What in Finnish law is provided on placing under guardianship and acting as guardian of a person placed under guardianship shall according to section 32 of that Act apply also to Finnish citizens who do not have a domicile in Finland. If guardianship has been arranged for a Finnish citizen living in a foreign country for whom no guardian has been appointed in accordance with Finnish law but who in the foreign country has been placed under guardianship on grounds provided in Finnish law, the guardianship will remain, unless the court for special reasons decides on a guardianship according to Finnish law.

TopTop

Guardianship for a minor: see 3.4.

The significance of residence and domicile on the choice of family law, see 3.5.

What law to apply to the determination of surnames is prescribed in section 26 of the Names Act. If a person is habitually resident in Finland at the time when grounds for the determination of a surname appear or at the time when an announcement on the surname is made, the surname shall be determined according to Finnish law. If a person is not habitually resident in Finland, the surname shall be determined in accordance with the surname law that a competent authority is to apply in the state where the person habitually resides at the said time.

Additional information: http://www.finlex.fi/en/

III.4. Establishment of parent-child relationship, including adoption

The Act Relating to Certain Family Relations of International Character concerns parent-child relationships. According to section 18 the question whether the child of a married woman or a woman who has been married is to be regarded as being born in wedlock shall be decided according to the law in the state whose citizen her husband was at the time of the birth of the child. Section 19 provides that the legal relationship between the parents and their child born in wedlock is determined according to the law of the state whose citizens they are. If the parents or one of them and the child are citizens of different states, the law of the state of which the child is a citizen shall be applied. The legal relationship between a child born out of wedlock and its mother are by virtue of section 20 of the Act Relating to Certain Family Relations of International Character determined by the law of the state whose citizens they are. If the mother and the child are citizens of different states, the law of the state of which the child is a citizen shall apply.

TopTop

The Act Relating to Certain Family Relations of International Character also concerns guardianship of a minor. According to section 28, what in Finnish law is provided regarding guardianship of a Finnish minor shall also apply when a child does not have a domicile in Finland. If a guardianship has been arranged in the foreign country of habitual residence for a minor for whom a statutory guardian or a guardian named according to Finnish law has not been appointed, the guardianship shall remain, unless the court for special reasons decides that a guardianship shall be arranged for the child according to Finnish law. If a minor Finnish citizen who is habitually resident in a foreign country is placed under guardianship in accordance with Finnish law, but the court is told that a guardianship according to the law of the foreign state has been arranged for the child in that state, too, or that the child’s parents or one of them sees to the matters of the child under the supervision of the authorities in that state, the court shall consider whether the child shall continue to be placed under guardianship in accordance with Finnish law.

If a foreigner who is habitually resident in Finland is a minor according to the law in the state whose citizen he or she is and if he or she shall, under the same law, be placed under guardianship or his or her property administered under supervision, the court shall according to section 29 inquire whether a guardianship or supervision will be arranged according to the law of the state whose citizen the foreigner is. If the answer to the inquiry is that this will not be done or if no answer is received within six months, guardianship will be arranged for the minor according to Finnish law. The time when a guardian is no longer needed shall by virtue of section 30 be determined according to the law of the state whose citizen the minor is.

TopTop

Provisions on the law to be applied in matters of guardianship are also found in the Convention between Finland, Denmark, Iceland, Norway and Sweden including Provisions of Private International Law on Marriage, Adoption and Guardianship.

The Child Custody and Right of Access Act concerns child custody and right of access. According to Chapter 4 section 18 if the child had his habitual residence in Finland at the time of birth, conclusion of marriage or other occasion with decisive importance to the attribution of custody, the custody of the child shall be attributed in accordance with Finnish law. If the child did not have its habitual residence in Finland at the time referred to in paragraph 1, its custody shall be attributed in accordance with the law which the competent authority shall apply in the State where the child was habitually resident at that time. The provisions of a foreign law may be ignored in the application of paragraph 2, if the application of the foreign law would end in a result that is evidently contrary to Finnish public policy (ordre public) or evidently contrary to the child’s best interests. If the content of a foreign law cannot be ascertained without undue delay, Finnish law shall be applied in the attribution of custody. Provisions on choice of law are found in Chapter 4 section 22. Finnish law shall be applied when resolving a case relating to child custody or right of access and when confirming an agreement.

The Adoption Act also relates to international adoption. Section 35 states that the procedure in a matter concerning the granting of adoption shall be governed by Finnish law. The conditions of adoption shall likewise be governed by Finnish law. If it is obvious that an adoptee under 18 years of age will move into and settle down in a foreign state in which an adoption granted in Finland is not valid and it is obvious that the adoptee will suffer significant inconveniences because of the invalidity, the adoption shall not be granted. Section 36 provides that in a foreign state, the consent of the parents to the granting of adoption may be given also in accordance with the formalities and procedure stipulated by the law of the said state. If the consent of the parents to the granting of adoption has not been obtained because the institution of adoption is not legally regulated in the state in which the consent should be given, the adoption may be granted if it obviously corresponds to the will of the parents.

TopTop

Additional information: http://www.finlex.fi/en/

III.5. Marriage, unmarried couples, partnerships, divorce, judicial separation, maintenance obligations

According to section 108 of the Marriage Act the right of a woman and a man to marry before a Finnish authority shall be determined in accordance with the law of Finland. If neither the woman nor the man is a Finnish citizen and if neither is habitually resident in Finland, they have the right to marry before a Finnish authority only if the marriage is permissible under the law of Finland and if each of them has the right to marry in accordance with the law of the state whose citizen he or she is or where he or she is habitually resident, or in accordance with the law applicable in one of these states on the examination of impediments to marriage. An engaged person shall present a credible account of his or her right to marry under the law of a foreign state. If no information can be obtained on the legislation of the state whose legislation determines the right of an engaged person to marry, owing to a state of war or other comparable unstable conditions prevailing in that state, the right of the engaged person to marry may, however, be examined under the law of Finland, provided that the engaged person so requests and that marriage in Finland can be deemed justifiable in view of the links that the engaged persons have to Finland.

The Marriage Act gives no definition of domicile or habitual residence. According to the preparatory work a person has his or her domicile in the state where he or she lives and intends to live permanently. A habitual residence is somewhat more easily changed than domicile.

TopTop

The Convention between Finland, Denmark, Iceland, Norway and Sweden including Provisions of Private International Law on Marriage, Adoption and Guardianship also includes provisions on the conclusion of marriage. If a citizen of a Nordic country applies for examination of impediments to marriage in another Nordic country, his or her right to marry shall be examined under the law of the last-mentioned country, if either of the engaged persons has his or her domicile there. Otherwise the examination shall be performed in accordance with the law of the state whose citizen the applicant is. The law of the state whose citizen the applicant is shall always apply if the applicant so requires. If at the examination of impediments to marriage in a contracting state, the law of this state does not require the consent of the parents or guardian to the conclusion of marriage, the legal provisions on the necessity of such consent in the state where the applicant has his or her domicile shall be observed.

The Agreement between Finland and the Soviet Union on legal protection and legal assistance in matters of civil, family and criminal law includes provisions on the conclusion of marriage. The agreement is valid in relations between Finland and Russia and Finland and Ukraine. The right of citizens of the contracting states to marry is determined by the law of that contracting state in whose territory the marriage is concluded, if either of the persons intending to enter into marriage is a citizen of that state or if either of them has his or her domicile in the territory of that contracting state.

The Agreement between Finland and Poland on legal protection and legal assistance in matters of civil, family and criminal law includes provisions on the conclusion of marriage. The right of citizens of the contracting states to marry is determined by the law of that contracting state in whose territory the marriage is concluded, if either of the persons intending to enter into marriage is a citizen of that state or if either of them has his or her domicile in the territory of that contracting state.

TopTop

According to section 10 of the Act on Registered Partnerships a partnership may be registered in Finland only if at least one of the partners is a Finnish citizen and habitually resident in Finland or both parties have been habitually resident in Finland for two years immediately before the registration. Citizenship of a foreign state whose legislation allows for the registration of partnership with mainly the same legal effects as provided in this Act shall correspond to Finnish citizenship. Such foreign states shall be designated by Governmental Decree.

According to section 11 the right to the registration of partnership before a Finnish authority shall be determined in accordance with the laws of Finland. Finnish law shall be applied to the dissolution of a registered partnership.

Section 120 of the Marriage Act provides states that the law of Finland applies to a matter pertaining to divorce or the end of cohabitation. The Convention between Finland, Denmark, Iceland, Norway and Sweden including Provisions of Private International Law on Marriage, Adoption and Guardianship also provides that Finnish law shall be applied in Nordic divorce cases.

It is not possible to sentence spouses to judicial separation under Finnish law. If a foreign judgment on separation has been issued for spouses whose matrimonial property matters are governed by the law of Finland, a distribution of matrimonial property may, however, be carried out on the basis of the separation.

According to section 128 of the Marriage Act the law of the state where both spouses are domiciled shall primarily be applied to the personal legal consequences of marriage. If the spouses are not domiciled in the same state, the law of the state where both spouses last were domiciled during the marriage shall apply, if either of them is still domiciled there. In other cases the applicable law shall be the law of the state to which, taking all pertinent circumstances into account, the spouses have the closest link. However, in a matter pertaining to the right to maintenance, the applicable law shall be the law of the state where the person entitled to maintenance is domiciled.

TopTop

Finland has no law on formation of unmarried couples, their effects under the law of property or the dissolution of them.

Additional information: http://www.finlex.fi/en/

III.6. Matrimonial property regimes

According to section 130(2) of the Marriage Act spouses can agree to designate the law of the state where one spouse or both spouses are domiciled or whose citizen one of the spouses is at the time of the agreement as the law applicable to their matrimonial property matters. If the domicile of one or both spouses has been moved to another state during the marriage, the law of the state where both spouses last were domiciled may also be designated as the applicable law.

If the spouses have not designated which law is to be applied, the principal rule, as provided in section 129(1), is that the law of the state which became the state of domicile of both spouses after the conclusion of the marriage shall be applied to their matrimonial property matters. If the spouses have later moved their domicile to another state, the law of that state shall apply, if the spouses have resided there for at least five years. The law of that state shall, however, apply immediately upon the spouses becoming domiciled there, if they have earlier during the marriage been domiciled there or if both are citizens of that state. The law applicable to matrimonial property regime shall, according to section 129(3), however, not change if (1) the spouses have agreed to designate the law applicable to matrimonial property regime or (2) owing to the dissolution of the marriage, separation or the pendency of divorce proceedings, a spouse has gained the right to demand the distribution of matrimonial property before the time when the law of the other state would become applicable. If no state has become the state of domicile for both spouses, the applicable law is, according to section 129(4), the law of the state to which, taking all pertinent circumstances into account, the spouses have the closest link.

TopTop

Especially (1) issues pertaining to the distribution of matrimonial property after the dissolution of the marriage or during the marriage; (2) issues pertaining to transactions concerning matrimonial property and entered into by the spouses or the engaged persons; (3) the right of a spouse to administer property; and (4) the liability of a spouse for the debts of the spouses shall be resolved with reference to the law applicable to matrimonial property regime. This is set down in section 131(1) of the Marriage Act. According to paragraph 2 of the section a change of the law applicable to matrimonial property regime shall not affect the validity of a transaction concluded before the change.

Provisions on matrimonial property regimes are also included in the Convention between Finland, Denmark, Iceland, Norway and Sweden including Provisions of Private International Law on Marriage, Adoption and Guardianship.

The provisions of the Marriage Act on the adjustment of the distribution of matrimonial property and restrictions of property administration as well as the provisions of the Code of Inheritance on the right of the surviving spouse to retain possession of the common house of the spouses or other suitable housing and the customary household effects in the common home are by law internationally mandatory.

Additional information: http://www.finlex.fi/en/

III.7. Wills and successions

According to Chapter 26(5) of the Inheritance Code inheritance shall, as a rule, be governed by the law of the state where the deceased was domiciled at the time of the death. If the deceased had previously been domiciled in another state, the law of the state where the deceased was last domiciled shall, however, be applied only if the deceased was a citizen of the latter state at the time of the death or the deceased had resided in the latter state for at least five years before his or her death. If these prerequisites are not fulfilled and the law of the last domicile is thus not applicable, the applicable law shall be the law of the state whose citizen the deceased was at the time of the death. If, however, the deceased had an essentially closer connection to a state other than the state of citizenship at the time of the death, taking all circumstances into account, the applicable law shall be the law of the former state.

TopTop

According to Chapter 26(6) the deceased may, with certain limitations, designate on the law applicable to inheritance. In order to be valid, the designation shall be made in the form required of a testament. In the assessment of whether a designation is formally valid, the provisions on the form of a testament shall be observed. It may be designated that the applicable law is the law of the state whose citizen the deceased is at the time of the designation or at the time of the death, or the law of the state where the deceased is domiciled at the time of the designation or at the time of the death, or where he or she had previously been domiciled. Moreover, if the deceased is married at the time of the designation, it may be provided that the applicable law is the law of the state applicable to matrimonial property matters.

In Chapter 26(7) are enumerated the matters that shall be resolved by reference to the law applicable to inheritance. They are 1) the statutory right to inherit and the competence to receive an inheritance or to benefit under a testament; 2) the order of succession and shares of inheritance; 3) lawful share and a comparable protected share in an estate; 4) the inclusion of an advancement and a gift in the distribution of an estate and the duty to return the advancement or gift; 5) the forfeiture of the right to inherit, disinheritance and the lapse of the right to inherit owing to the statute of limitations, renunciation or a comparable reason; 6) the acceptability, material validity and legal consequences of a testament and another disposition in contemplation of death, as well as the revocation and annulment of such a transaction; 7) the right to possess the estate undivided or to possess or use property belonging to the estate or to receive the proceeds of the estate or property belonging thereto; and 8) the right to maintenance or support from the estate.

TopTop

Chapter 26(8) relates to property located in a foreign state. If the foreign state where real property is located has special legislation governing real property the purpose of which is e.g. to protect the pursuit of a business or a profession, or of maintaining the property in the family undivided, that legislation applies even if the law of some other state is otherwise applicable to the inheritance. A disposition in a testament or otherwise in contemplation of death conveying real property to an unborn person shall not be complied with, if this would be in violation of the law of the state where the real property is located.

The application of the Convention between Finland, Denmark, Iceland, Norway and Sweden on Inheritance, Testaments and Estate Administration requires that the deceased was a citizen of one of the Contracting States and that he or she was domiciled in one of the Contracting States. The agreements with the Soviet Union and Poland on legal assistance also include provisions on inheritance. Finland is further a party to the Convention on the Conflicts of Laws relating to the Form of Testamentary Dispositions.

By virtue of Chapter 26(10) of the Code of Inheritance the deceased shall be deemed to have been competent to make a testament or other dispositions in contemplation of death, if he or she was competent to do so 1) under the law of the state applicable to inheritance; or 2) under the law of the state where the deceased was domiciled or habitually resident at the time of making the testament or disposition, or the law of the state whose citizen the deceased was at the time. The law applicable to the right to conclude an agreement on inheritance and to the material validity and legal consequences of such an agreement shall be the law of the state where the deceased was domiciled at the time of conclusion of the agreement. However, if the law applicable to inheritance would at that time have been the law of some other state, the law of the latter state shall be applicable to the agreement on inheritance.

TopTop

Those provisions of the Code of Inheritance through the application of which unfair distribution of the estate can be adjusted are by law internationally mandatory. Such provisions relate to the right of the surviving spouse to retain possession of the common home of the spouses or other suitable housing and of the household effects as well as to the support to be paid to the children and surviving spouse of the deceased.

Additional information: http://www.finlex.fi/en/

III.8. Real property

The conflict of laws rules of the Rome Convention on the law applicable to contractual obligations shall be applied to agreements on legal obligations regarding real property. Article 4(3) of the Convention contains a special provision on the special connecting factor in cases where the contracting parties have not made a choice of law and the subject matter of the contract is a right in immovable property or a right to use immovable property. In such cases it shall be presumed that the contract is most closely connected with the country where the immovable property is situated.

III.9. Insolvency

The Council Regulation (EC) No 1346/2000 on insolvency proceedings relates to international bankruptcy. The Regulation contains provisions relating to the conflict of laws to be applied among the EU Member States to insolvency proceedings (See page Bankruptcy - Community Law).

A Convention on bankruptcy is in force between the Nordic countries, i.e. Finland, Denmark, Iceland, Norway and Sweden. The main principle of the Convention is that a bankruptcy begun in one Contracting State also includes property of the debtor situated in other Contracting States. The Convention shall not be applied if the debtor at the beginning of the bankruptcy is not domiciled in the state where he or she is declared bankrupt.

The Wage Security Act relates to the payment of wages in situations where the employer is insolvent. The principal rule provides that the employee is entitled to wage security if the work has been performed in Finland or in the service of a Finnish employer abroad and the employee is domiciled in Finland.

Additional information: http://www.finlex.fi/en/

« Applicable law - General information | Finland - General information »

TopTop

Last update: 13-03-2007

 
  • Community law
  • International law

  • Belgium
  • Bulgaria
  • Czech Republic
  • Denmark
  • Germany
  • Estonia
  • Ireland
  • Greece
  • Spain
  • France
  • Italy
  • Cyprus
  • Latvia
  • Lithuania
  • Luxembourg
  • Hungary
  • Malta
  • Netherlands
  • Austria
  • Poland
  • Portugal
  • Romania
  • Slovenia
  • Slovakia
  • Finland
  • Sweden
  • United Kingdom