Unilateral offsetting of an expired claim
Offsetting (compensation) represents a way of termination of an obligation by calculating mutual claims and debts between the offsetting parties. Which claims or debts can be an object of offsetting is regulated by the Law. In most of legal systems, conditions for the offsetting can be reduced to re...
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University of Novi Sad, Faculty of Law
2016-01-01
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Online Access: | http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2016/0550-21791604315R.pdf |
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doaj-c064fc66e4944ce08eabe44de26e304f2020-11-25T00:38:11ZengUniversity of Novi Sad, Faculty of LawZbornik Radova: Pravni Fakultet u Novom Sadu0550-21792406-12552016-01-015041315133410.5937/zrpfns50-127630550-21791604315RUnilateral offsetting of an expired claimRadovanović Sanja M.0Miščević Nikolina B.1University of Novi Sad, Faculty of Law, Novi Sad, SerbiaUniversity of Novi Sad, Faculty of Law, Novi Sad, SerbiaOffsetting (compensation) represents a way of termination of an obligation by calculating mutual claims and debts between the offsetting parties. Which claims or debts can be an object of offsetting is regulated by the Law. In most of legal systems, conditions for the offsetting can be reduced to reciprocity, maturity, homogeneity and enforceability of the claims. With regard to the latter, the issue of the expired claims is especially interesting. Our legislator has opted for the dominant opinion in the modern theory of civil law that the expired claims, in principle, cannot be offset. However, in certain cases, such a possibility is not excluded. By this is meant, firstly, the offsetting of the claims which were not expired at the moment when the conditions for the offsetting materialized. Secondly, the legislator stipulates that the offsetting is also possible when the claim had expired before it could have been terminated by the offsetting, if the statement of offsetting was given before raising the objection of expiration. In the paper, precisely this latter will be discussed, because the linguistic interpretation of the relevant provision raises many questions.http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2016/0550-21791604315R.pdfoffsettingexpirationobjectionthe principle of good faiththe principle of abuse of rights |
collection |
DOAJ |
language |
English |
format |
Article |
sources |
DOAJ |
author |
Radovanović Sanja M. Miščević Nikolina B. |
spellingShingle |
Radovanović Sanja M. Miščević Nikolina B. Unilateral offsetting of an expired claim Zbornik Radova: Pravni Fakultet u Novom Sadu offsetting expiration objection the principle of good faith the principle of abuse of rights |
author_facet |
Radovanović Sanja M. Miščević Nikolina B. |
author_sort |
Radovanović Sanja M. |
title |
Unilateral offsetting of an expired claim |
title_short |
Unilateral offsetting of an expired claim |
title_full |
Unilateral offsetting of an expired claim |
title_fullStr |
Unilateral offsetting of an expired claim |
title_full_unstemmed |
Unilateral offsetting of an expired claim |
title_sort |
unilateral offsetting of an expired claim |
publisher |
University of Novi Sad, Faculty of Law |
series |
Zbornik Radova: Pravni Fakultet u Novom Sadu |
issn |
0550-2179 2406-1255 |
publishDate |
2016-01-01 |
description |
Offsetting (compensation) represents a way of termination of an obligation by calculating mutual claims and debts between the offsetting parties. Which claims or debts can be an object of offsetting is regulated by the Law. In most of legal systems, conditions for the offsetting can be reduced to reciprocity, maturity, homogeneity and enforceability of the claims. With regard to the latter, the issue of the expired claims is especially interesting. Our legislator has opted for the dominant opinion in the modern theory of civil law that the expired claims, in principle, cannot be offset. However, in certain cases, such a possibility is not excluded. By this is meant, firstly, the offsetting of the claims which were not expired at the moment when the conditions for the offsetting materialized. Secondly, the legislator stipulates that the offsetting is also possible when the claim had expired before it could have been terminated by the offsetting, if the statement of offsetting was given before raising the objection of expiration. In the paper, precisely this latter will be discussed, because the linguistic interpretation of the relevant provision raises many questions. |
topic |
offsetting expiration objection the principle of good faith the principle of abuse of rights |
url |
http://scindeks-clanci.ceon.rs/data/pdf/0550-2179/2016/0550-21791604315R.pdf |
work_keys_str_mv |
AT radovanovicsanjam unilateraloffsettingofanexpiredclaim AT miscevicnikolinab unilateraloffsettingofanexpiredclaim |
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