Article 1347-4 of the French Civil Code
November 7, 2023
If there are several compensable debts, the rules for charging payments are transposable.
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.
Compensation is without prejudice to rights acquired by third parties.
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 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 first of them became due. In the same case, the acquisition of rights by a third party in one of the obligations does not prevent its debtor from opposing…
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 future obligations, on the date of their co-existence.
Confusion results when the qualities of creditor and debtor of the same obligation are combined in the same person. It extinguishes the claim and its accessories, subject to rights acquired by or against third parties.
Where there is joint and several liability between several debtors or between several creditors, and the confusion concerns only one of them, extinction takes place, with regard to the others, only for his share. Where the confusion concerns a guaranteed obligation, the guarantor, even joint and several, is discharged. Where the confusion concerns the obligation of one of the sureties, the principal debtor is not discharged. The other joint and…
Debt forgiveness is the contract by which the creditor releases the debtor from his obligation.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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