SkuldsaneringVägen tillbaka för överskuldsatta individer
The first Debt Relief Act was introduced in 1994 into Swedish law. The old Debt Relief Act was replaced on 1 January 2007 by the current Debt Relief Act. The current law is in many ways similar to the older law. The main change is the debt settlement process.The Debt settlement Act's main purpose is to financially rehabilitate over-indebted individuals. This aim should be balanced against the creditors' interest in getting paid for their claims. The idea behind the law is the realization that both the debtor and society as a whole benefits fromthedebt relief agency.The purposeof my essay was partly to describe the debt settlement procedure from a procedural perspective and partly to analyze the condition qualified insolvency. The essay also had the aim to provide an overview of the similarities and differences betweenthe debtsettlement agenciesin the Nordic Debt Relief Acts. Finally, the essayaimed to elucidate the circumstances given special consideration when young people apply for debt restructuring.During the work it was found that the prerequisite qualified insolvencyin the court system was used in a way that is not fully harmonized with the prerequisites meaning in the legislative history and doctrine. The general equitable assessment has also undergone a change.The Nordic Debt Relief Acts were shown to have many similarities. The differences that showed up was of a legal technical nature rather than principled.Regarding young debtors aged 18-29 years it showed that this group had significant difficulties when it came to obtaining debt relief. The difficulty consisted mainly of the problems that KFM have when it comes to forecasting the young people's future earning potential.