Subrogation cannot prejudice the creditor where he has been paid only in part; in that case, he may exercise his rights, in respect of what remains due to him, in preference to the person from whom he has received only partial payment.
Subrogation transfers to its beneficiary, within the limit of what he has paid, the claim and its accessories, with the exception of rights exclusively attached to the person of the creditor. However, the subrogated party is only entitled to legal interest from the date of a formal notice, if he has not agreed a new interest with the debtor. This interest is guaranteed by the securities attached to the claim,…
The debtor may invoke subrogation as soon as he is aware of it, but it may not be set up against him unless he has been notified of it or has taken note of it. Subrogation may be set up against third parties as soon as payment has been made. The debtor may set up against the subrogated creditor the defences inherent in the debt, such as nullity, the defence…
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.
Subject to the provisions of the following 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 convertible, or those which have as their object a quantity of things of the same kind.
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.
The grace period does not preclude compensation.
If there are several compensable debts, the rules for charging payments are transposable.
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 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 share deducted from the total debt.
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
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is a Registered Trademark of
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182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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