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

27 Russian Federation

Elena Tchoubykina

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: 22 November 2019

Subject(s):
Banks and cross-border issues — Monetary obligations — Contractual set-off — Insolvency set-off — Judicial set-off

This chapter examines the legal requirements to a statutory set-off in the Russian Federation. In Russia, statutory set-off is regulated by Articles 410–412 of the Civil Code. From a legal standpoint, set-off constitutes a proper performance of obligations which discharges the respective claims of two parties. The chapter first provides an overview of set-off between solvent parties, focusing on statutory set-off, contractual set-off, and alternative schemes for enforcing contractual set-off arrangements. It then considers set-off in insolvency, with particular emphasis on set-off in bankruptcy proceedings of a corporate entity and of a credit institution. It also analyses key legal issues that may arise with respect to a set-off in the context of cross-border transactions.

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