4.01 When two or more claims are reciprocal, and if they are governed by different applicable laws, a difficult issue is to determine which law should apply to set-off. After some general aspects on this issue (Section A), we deal with the EU Regulation on applicable law (Rome I Regulation) of 2008, which is applicable to all EU Member States except Denmark, and has a specific provision on set-off (Art 17) (Section B). We then examine the Rome Convention on applicable law (Section C), before presenting the new trend, which consists of resolving the difficult issue...
Users without a subscription are not able to see the full
to access all content.