Article 1348
Set-off may be ordered by a court, even if one of the obligations, although certain, is not yet liquid or due. Unless otherwise decided, the set-off takes effect on the date of the decision.
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Showing 1251–1260 of 62812 articles for “Art. Futures margin and mark-to-market rules”
Set-off may be ordered by a court, even if one of the obligations, although certain, is not yet liquid or due. Unless otherwise decided, the set-off takes effect on the date of the decision.
The grace period does not preclude compensation.
Compensation is the simultaneous extinction of reciprocal obligations between two persons.It takes place, subject to being invoked, in due proportion, on the date when its conditions are met.
A debtor who has taken unreserved note of the assignment of the claim may not set up against the assignee the set-off that he could have set up against the assignor.
The judge may not refuse the set-off of related debts on the sole ground that one of the obligations would not be liquid or due.In this case, the set-off is deemed to have occurred on the day on which…
The parties may freely agree to extinguish any mutual obligations, present or future, by way of compensation; such compensation shall take effect on the date of their agreement or, in the case of futu…
…lowing sub-section, set-off occurs only between two obligations which are fungible, certain, liquid and due.Obligations for sums of money, even in different currencies, are fungible, provided they are…
The surety may set off what the creditor owes to the principal debtor. A joint and several debtor may rely on set-off of what the creditor owes to one of his co-obligors to have the latter's divided s…
Claims that cannot be seized and obligations to return a deposit, a loan for use or a thing of which the owner has been unjustly deprived are only compensable if the creditor consents.
Compensation is without prejudice to rights acquired by third parties.
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