Insolvency and creditor rights · France / Switzerland
Set-off in insolvency: reconcile reciprocal debts
France and Switzerland apply different insolvency set-off conditions. Identify both obligations, their holders and dates before comparing amounts. A zero accounting balance does not decide whether legal set-off is available. Origin, maturity and relevant relationship require their own examination. This dossier concerns opposing reciprocal debts, separately from ordinary claim filing or a general request for payment.
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France: why retain both obligations’ origins ?
They inform the relationship to examine. Preserve contracts and generating events.
Read the referencesYour question concerns “Set-off in insolvency: reconcile reciprocal debts”. Which document should we examine, and does your matter concern France or Switzerland?
3 free questions at signup. Avoid names and sensitive information.
France: which obligations belong in the set-off file ?
Identify each claim, debt and holder rather than amounts alone.
France: why retain both obligations’ origins ?
They inform the relationship to examine. Preserve contracts and generating events.
Which elements belong together before the next step?
| Preparation question | Point to verify |
|---|---|
| France: which obligations belong in the set-off file ? | Identify each claim, debt and holder rather than amounts alone. |
| France: why retain both obligations’ origins ? | They inform the relationship to examine. Preserve contracts and generating events. |
| France: which dates should be compared ? | Connect origin, maturity and opening without relying only on invoice dates. |
| France: does a zero balance establish lawful set-off ? | No. Arithmetic and legal conditions are separate. |
LEGIARTI000044052577Code civil : article 1347Fedlex 11/529_488_529/frLP : Art. 213LP : Art. 214
France: which dates should be compared ?
Connect origin, maturity and opening without relying only on invoice dates.
France: does a zero balance establish lawful set-off ?
No. Arithmetic and legal conditions are separate.
Which official provision helps explain this situation?
Identify each claim, debt and holder rather than amounts alone.
Switzerland: should French connection rules be copied ?
No. Examine the Swiss insolvency conditions and actual obligations.
Switzerland: which party facts should be retained ?
Identify who owes and holds each obligation at the relevant times.
How can you connect the facts and records in your file?
Complete the file references. The initial values illustrate a fictional case; they are not observed product results.
Fictional example · Reciprocal obligations and date table
- Claim
- Item A
- Debt
- Item B
- Parties
- Capacity to examine
- Dates
- Documented events
This worksheet organises records; it does not establish admissibility, entitlement or a procedural outcome.
Switzerland: what supports a proposed set-off request ?
Keep basis, documents, recipient and response rather than an internal ledger entry alone.
Switzerland: does this table extinguish the debts ?
No. It organises reciprocal obligations without deciding legal discharge.
What other questions arise in this file?
France: why retain both obligations’ origins ?
They inform the relationship to examine. Preserve contracts and generating events.
LEGIARTI000044052577Code civil : article 1347Fedlex 11/529_488_529/frLP : Art. 213LP : Art. 214
France: does a zero balance establish lawful set-off ?
No. Arithmetic and legal conditions are separate.
LEGIARTI000044052577Code civil : article 1347Fedlex 11/529_488_529/frLP : Art. 213LP : Art. 214
Switzerland: which party facts should be retained ?
Identify who owes and holds each obligation at the relevant times.
LEGIARTI000044052577Code civil : article 1347Fedlex 11/529_488_529/frLP : Art. 213LP : Art. 214
Switzerland: does this table extinguish the debts ?
No. It organises reciprocal obligations without deciding legal discharge.
LEGIARTI000044052577Code civil : article 1347Fedlex 11/529_488_529/frLP : Art. 213LP : Art. 214
Which official references should you consult?
- LEGIARTI000044052577legifrance.gouv.fr
- Code civil : article 1347legifrance.gouv.fr
- Fedlex 11/529_488_529/frfedlex.admin.ch
- LP : Art. 213fedlex.admin.ch
- LP : Art. 214fedlex.admin.ch
Texts cited last checked: 2 November 2026