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Explanatory Notes for a Supreme Court judgment relating to: (i) the requirements for set-offs in cases where a party intends to set off its own obligation that is not due (but which has a due date) against its own claim that is already due; and (ii) in cases where a party intends to set off its own obligation against its own claim, but where the prescription period for the claim has passed and the counter-party invokes the prescription, whether the requirements for set-offs must be satisfied before the prescription period for the claim has passed (Supreme Court Judgment issued by the First Petty Bench on February 28, 2013)
Articles Feb 2014

Explanatory Notes for a Supreme Court judgment relating to: (i) the requirements for set-offs in cases where a party intends to set off its own obligation that is not due (but which has a due date) against its own claim that is already due; and (ii) in cases where a party intends to set off its own obligation against its own claim, but where the prescription period for the claim has passed and the counter-party invokes the prescription, whether the requirements for set-offs must be satisfied before the prescription period for the claim has passed (Supreme Court Judgment issued by the First Petty Bench on February 28, 2013)

Feb 2014
Authors Shinji Kusakabe
Publisher Economic Legal Research Institute
Publication The Financial and Business Law Precedents No. 1434 [February 15, 2014 issue]
Issue Feb 2014
Practice Areas Dispute Resolution