487 - 534 CC

A contract is mutual if both parties are obliged in such a manner that the:

• performance by one of them is the opposite of that of the other

• performance by one of them is to correspond to that by the other

• only one party fulfills the performance

The set-off shall take place by:

• a declaration made to the other party

• a court decision only

• a mutual agreement only

Could the receivable debts resulting from tort be canceled by set off?

• yes

• no

The obligation shall expire if:

• the creditor releases the debtor from the debt and the debtor accepts the release

• the debtor releases the creditor from the debt and the creditor accepts the release

• the creditor releases the debtor from the debt automatically

The third party who pays off the creditor shall acquire the paid-off receivable debt to the amount of the payment made:

• in every case

• if he pays another person’s debt for which he is liable personally or with some material objects;

• if he acts without the consent of the debtor in order to assume the rights of the creditor

"Taking over the debt" means that:

• the person who takes over a debt shall have a right to raise against the creditor all those defences which the previous debtor had, except for the defence of the set-off from the receivable debts of the previous debtor.

• either of the parties which concluded a contract for taking over the debt may set the person whose consent is needed for the effectiveness of the take-over an appropriate date for the declaration of consent

• a third party may take the place of the debtor, who shall be thereby released from the debt

If, as a result of an act in law by the debtor effected to the detriment of the creditors, a third party gained a material benefit, each of the creditors may demand that the said act in law be declared ineffective with respect to him if the debtor acted deliberately to the detriment of the creditors and the third party:

• knew that only

• knew that or could learn that if he showed due diligence

• could learn that only

If, at the time of a donation, the debtor was insolvent, it shall be presumed that he acted:

• deliberately to the detriment of the creditors

• deliberately for the benefit of the creditors

• in good will

The third party who gained a material benefit as a result of the debtor’s act in law effected to the detriment of the creditors may release himself from the compensation of the claim raised by the creditor who demands that the said act in law be declared ineffective if:

• he denies the creditor's claim

• he satisfies that creditor or indicates to him the debtor’s property sufficient to satisfy the creditor

• he ceases to act for a year

The declaration of an act in law effected to the detriment of creditors as ineffective may not be demanded after:

• five years from the date of that act in law

• one year from the date of that act in law

• twenty years from the date of that act in law