Page:The Civil code of Japan (IA cu31924069576704).pdf/153

This page has been proofread, but needs to be validated.

— 133 —

Subsection II.
Set Off.[1]

505.

If two persons are bound to each other by obligations whose subjects are of the same nature and both of which are due, either debtor may discharge his obligation by set off to the extent to which the amounts of the obligations correspond, unless the nature of one of the obligations does not admit of it.

The foregoing provisions do not apply, if the parties have expressed a contrary intention; but such intention cannot be set up against a third person acting in good faith.

506.

Set off is made by an expression of intention by one party to the other. A condition or time of commencement or ending cannot be annexed.

Such an expression of intention relates back in its effect to the time when both obligations could first have been set off.

507.

A set off can be made, though the place of performance of the two obligations is different; but the party who makes the set off must indemnify the other party for any damage caused thereby.

  1. ↑ Compensatio in Roman Law.
This article is issued from Wikisource. The text is available under Creative Commons Attribution-Share Alike 4.0 unless otherwise noted. Additional terms may apply for the media files.