Jump to Content Jump to Main Navigation
Set-Off Law and Practice - An International Handbook, 3rd Edition edited by Johnston, William; Werlen, Thomas; Link, Frederick (22nd February 2018)

20 Luxembourg

Henri Wagner

From: Set-Off Law and Practice: An International Handbook (3rd Edition)

Edited By: William Johnston, Thomas Werlen, Frederick Link

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2015. All Rights Reserved.date: 15 June 2019

Subject(s):
Banks and cross-border issues — Insolvency set-off

This chapter examines the most common features of set-off (compensation) in Luxembourg and how the rights of set-off are affected by insolvency proceedings. It first provides an overview of set-off between solvent parties and set-off against insolvent parties before discussing cross-border issues relating to right of set-off. In particular, it considers cross-border set-off between solvent parties in cases where the Rome I Regulation or the Rome Convention applies and in cases where neither one applies. It also explains cross-border set-off against insolvent parties, focusing on situations where the Insolvency Regulation or the Recast Insolvency Regulation, as applicable, or another sector specific European insolvency legislation applies or does not apply.

Users without a subscription are not able to see the full content. Please, subscribe or login to access all content.