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The right of set-off is exercised by notice to the other party.

 

COMMENT

 

The right of set-off is exercised by notice to the other party. It does not operate automatically or by declaration of the court. The first party must inform the other party that it will discharge its own obligation by set-off. Notice must not be conditional. 

 

To be effective, notice must be sent after the conditions for set-off are fulfilled. 

 

Notice may be given by any means appropriate to the circumstances and is effective when it reaches the person to whom it is given (see Article 1.10).

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