Creditor's Tacit Acceptance of Set-Off Credit Extinguishes Debt
Synthèse Legislator
Généré par l'IAA dispute arose regarding a debt owed by an individual to a company, where the debtor claimed the debt was extinguished by a subsequent compensation with a credit they held against the creditor, which the creditor had tacitly accepted by not disputing its existence or validity for an extended period. The court rejected the appeal, reasoning that while statutory compensation requires mutual obligations, the tacit acceptance of the purported offsetting credit by the creditor's prolonged silence constituted an agreement on the requisite preconditions for compensation, thus validly extinguishing the original debt.
Regeste Legislator
Généré par l'IACreditor's Tacit Acceptance of Set-Off Credit Extinguishes Debt: The court rejected the appeal, reasoning that while statutory compensation requires mutual obligations, the tacit acceptance of the purported offsetting credit by the creditor's prolonged silence constituted an agreement on the requisite preconditions for compensation, thus validly extinguishing the original debt.