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Part III Set-Off Between Solvent Parties, 10 The Requirement of Maturation and Enforceability

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: 25 January 2022

Subject(s):
Cross-claims — Automatic set-off — Set-off by notice — Judicial set-off — Enforcement — Liquidity
10.01 A claim is said to have matured when it has become due and payable. This requirement is the essence of set-off between solvent parties in English law:1 the point of contention is the question when the debt must be due and payable (Section A). English law also requires that the claims be enforceable: this chiefly concerns the question whether any relevant limitation period has expired, and is also discussed in Section A. 10.02 The distinction between maturation (Fälligkeit, exigibilité) and enforceability (Klagbarkeit, actionnable) appears to be less...
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