Comparative Foundations of a European Law of Set-Off and by Reinhard Zimmermann

By Reinhard Zimmermann

The emergence of a ecu deepest legislations is a key felony factor at the present time. Set-off and ''extinctive'' prescription are missed issues in comparative literature. Reinhard Zimmermann maps out a version for a typical eu method, delivering sensible examples of the arguments that could be hired within the technique of harmonizing ecu inner most legislation. The essays originated in the course of his paintings with the fee on ecu agreement legislation (the ''Lando-Commission''), whose job is the ''restatement'' of ecu agreement legislation. This quantity is for comparative legal professionals and criminal historians.

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59ff. ), Auf dem Wege zu einem Europaischen 16 Other projects it will benefit much from the kind of intensive scholarly endeavour that preceded the drafting of the German Civil Code at the end of the nineteenth century. Primarily, therefore, I see the Principles of European Contract Law as an attempt to provide a starting point and conceptual focus for a discussion of problems in contract law transcending the borders of the individual legal systems; and also as a yardstick against which the solutions in the national legal systems may be evaluated.

22 But up to the moment of judgment, the defendant is liable to the claimant for the full amount of the claimant’s claim. 23 Most importantly, perhaps, neither the mere assertion of the cross-claim nor its assertion prior to legal proceedings provides justification for withholding payment. As a result, the claimant is not prevented from exercising his extrajudicial rights and remedies for default, such as termination of the contract. 2 The civilian experience Upon closer inspection, however, the differences between the English and continental models of set-off do not appear to 20 21 23 Goode (n.

D. 12, 6, 30; Ulp. D. 16, 2, 10, 1 (‘Si quis igitur compensare potens solverit, condicere poterit quasi indebito soluto’); Dernburg (n. ; Windscheid and Kipp (n. 36) § 349, 3. See also the ¨ critical discussion of the question in von Kubel (n. 37) 1083f. 38 Set-off ipso iure or by declaration? 98 These inconsistencies raise the question of whether it is sound, in principle, to attribute ex tunc effect to the declaration of set-off. 101 The first of these arguments is based on speculation. 102 The second argument, which is related to the first one, is even less convincing.

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