Abstract

The set-off claim in civil proceedings is governed by the provisions of Art. 203¹ and Article 505⁴ § 2 of the Code of Civil Procedure. The set-off claim shall be understood as a case where the defendant makes a prior set-off and during the proceedings invokes the material and legal effects of the debt write-off . In such a situation, the set-off claim has only a procedural value, which consists in the introduction by the defendant to the process of facts from which it appears that the claim pursued by the claimant has expired. The set-off claim also covers the case where a set-off is made during the proceedings. It has a dual effect then: substantive, leading to redemption of mutual claims, and procedural, as in the first case, consisting in the introduction to the proceedings of facts from which it appears that the claimant’s claim has been waived. In any event, the set-off is a way of defending the defendant in the proceedings, based on their own right. Therefore, the defendant must prove the existence and the amount of the claim submitted for set-off (Art. 6 of the Civil Code in connection with Art. 232 of the Code of Civil Procedure). The defendant also bears the burden of proving the effectiveness of the set-off on the basis of substantive law (Art. 498–505 of the Civil Code). At the same time, Art. 203¹ of the Code of Civil Procedure sets out the conditions for admissibility of raising the set-off claim , which are modified by Art. 505⁴ § 2 of the Code of Civil Procedure in relation to simplified proceedings. The set-off claim may also be the basis for an opposition action under Art. 840 § 1(2) in fine of the Code of Civil Procedure.