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Part III Set-Off Between Solvent Parties, 11 Statutory Exclusion of Set-Off

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: 16 August 2022

Subject(s):
Set-off — Claims
11.01 Most codes in civil law provide for a number of exclusions of set-off, mainly linked to its historical development.1 There are also some similar exclusions in English law. 11.02 Primarily, three types of exclusion can be identified that have appeared over the course of history. The first dates back to the Roman Emperor Justinian (6th century ad), the second was developed in the Middle Ages and is linked to the idea that incentives should not be given to parties wilfully to commit a tort in order to create a situation of set-off, and the third one is more...
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