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Federal Act
on the Amendment of the Swiss Civil Code
(Part Five: The Code of Obligations)

Art. 120

F. Set-off

I. Re­quire­ment

1. In gen­er­al

 

1 Where two per­sons owe each oth­er sums of money or per­form­ance of identic­al ob­lig­a­tions, and provided that both claims have fallen due, each party may set off his debt against his claim.

2 The debt­or may as­sert his right of set-off even if the coun­ter­vail­ing claim is con­tested.

3 A time-barred claim may be set off provided that it was not time-barred at the time it be­came eli­gible for set-off.