Civil Code · English · 2015
Article 1519
Principle
(1)
The debtor has the right to make a set-off if he has a claim to performance corresponding with his own obligation to the same party and he is entitled both to enforce performance from the same party and to perform his own obligation.
#(2)
Where a debtor who has the right to make a set-off, notifies his creditor that he sets off his debt with a counterclaim, both obligations are extinguished up to the amount which they have in common.
#(3)
The right to make a set-off does not exist in respect of a claim and a debt which fall into mutually separate patrimonies.
#(4)
The debtor can use his right to make a set-off as a defense only if the debt of the other debtor is liquidated.
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