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Part III Set-Off Between Solvent Parties, 9 The Requirement That Claims Be of the Same Kind

From: Set-Off in Arbitration and Commercial Transactions

Pascal Pichonnaz, Louise Gullifer

From: Oxford Legal Research Library (http://olrl.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 17 August 2022

Set-off — Cross-claims — Dollar — Euro — Debt — Stock market and exchanges
9.01 To be able to subtract the content of one claim from another, the claims must be of the same kind. Throughout history, set-off regimes required a similarity of kind; thus, a money claim could be set off only against a money claim, a debt for the delivery of grain only against a claim for the delivery of grain of the same kind.1 Nowadays, all legal systems on the continent and under English law require similarity of kind;2 however, regimes may differ on what is to be considered similarity of kind. This is especially true for claims in different currencies...
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