债的抵销（Offset of debt）.docVIP

债的抵销（Offset of debt） Offset of debt Author: Tian Zhongqiu release time: 2010-06-03 11:52:56 A few days ago to hear the case of a construction contract dispute, a party to Party B request repayment of the project, Party B admitted that the project owed to Party A, but the construction of Party As quality problems exist on the grounds of offsetting. On the following day, another colleague discussed the contract dispute with me, and Party A Party B requested the payment of the contract fee, and Party B claims the transfer by the third party. The above two cases all involve the offset of the debt, so as to clarify the relevant legal issues of the offset of the debt. First, the concept of debt offset The offset of debt means that when the two parties are in debt with each other, each of them uses their creditors right as the payment of the other partys debts, so that the mutual negative debts can be wiped out in the reciprocal amount. Elimination of debt offset is one of the reasons for their mutual balance and make bilateral debt elimination together. A reason and important system of the civil law as the offset of debt, the national legislation is willing to recognize, in Chinas current general principles of civil law, guarantee law, contract law, the relevant provisions will offset the deposit, the bankrupt enterprise creditors rights and debt of contract, form the basic framework of Chinas legislative system of offset the. Offsetting is the first convenience of the parties. The obligations of the parties to each other to share the same species shall be fulfilled and discharged, and the debt shall be destroyed. By offsetting, it is very convenient to achieve without having to do so. Secondly, the role of security. Two people are liable for each others debts. If one persons assets are deteriorating or even bankrupt, the creditors rights of the other party will be difficult to achieve when the two sides exchange their performance. The use of offsets ensures the rights of