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Part III Set-Off Between Solvent Parties, 6 General Aspects of Set-Off Between Solvent Parties Under Civil Law

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):
Contractual set-off — Set-off by notice — Automatic set-off — Judicial set-off — Cross-claims
6.01 Unlike English law, the various modes of solvent set-off do not differ from insolvent set-off. Nevertheless, insolvent set-off will be examined specifically in Part IV. In the various civilian regimes, there are basically four types of set-off, which will be considered in greater detail after a brief review of their characteristics:1 6.02 Automatic set-off is the most historic way to set off in civil law and dates back to the so-called ipso iure compensatio of the Middle Ages,2 which means a set-off operated by the law itself. In other words, automatic...
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