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=U3= Sec387 -- Section 387 Requirements
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=S=> BGB 387 If two persons owe each other performance that is substantially of the same nature , each party may set off his claim against the claim of the other party as soon as he can claim the performance owed to him and effect the performance owed by him .
=U3= Sec388 -- Section 388 Declaration of set-off
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=S=> BGB 388 Set-off is effected by declaration to the other party . The declaration is ineffective if it is made subject to a condition or a stipulation as to time .
=U3= Sec389 -- Section 389 Effect of set-off
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=S=> BGB 389 The effect of set-off is that the claims , to the extent that they correspond , are deemed to expire at the time when they are set against each other as being appropriate for set-off .
=U3= Sec390 -- Section 390 No set-off against a claim subject to a defence
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=S=> BGB 390 A claim subject to a defence may not be set off .
=U3= Sec391 -- Section 391 Set-off with different places of performance
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=S=> BGB 391. 1 Set-off is not excluded by the fact that the claims are for different places of performance or of delivery . However , the party setting off must compensate for the damage incurred by the other party due to the fact that he does not receive or cannot render performance at the specified place .
=S=> BGB 391. 2 If it is agreed that the performance is to take place at a specified time and in a specified place , then it is to be assumed , in case of doubt , that set-off against a claim for which there is another place of performance is to be excluded .
=U3= Sec392 -- Section 392 Set-off against a seized claim
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=S=> BGB 392 By the seizure of a claim , the set-off of a claim to which the obligor is entitled in relation to the obligee is only excluded if the obligor acquired his claim after the seizure , or if his claim only became due after the seizure and later than the seized claim .
=U3= Sec393 -- Section 393 No set-off against a claim in tort
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=S=> BGB 393 Set-off is not permissible for a claim on the basis of an intentionally committed tort .
=U3= Sec394 -- Section 394 No set-off against an unpledgeable claim
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=S=> BGB 394 To the extent that a claim is not subject to pledge , no set-off occurs against the claim . However , contributions owed may be set off against withdrawals to be made from health insurance funds , assistance funds or burial funds , in particular from miners ' provident funds and funds of miners ' providential societies .
=U3= Sec395 -- Section 395 Set-off against claims of public-law corporations
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=S=> BGB 395 Set-off is permissible against a claim of the Federal Government or of a Land or against a claim of a municipality or another association of municipalities only if the performance is to be rendered to the same fund from which the claim of the party setting off is to be discharged .
=U3= Sec396 -- Section 396 More than one claim
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=S=> BGB 396. 1 If one or another party has more than one claim suitable for set-off , the party setting off may specify the claims that are to be set off against each other . If the set-off is declared without such a specification or if the other party objects without undue delay , the provision of section 366 ( 2 ) applies with the necessary modifications .
=S=> BGB 396. 2 If the party setting off owes the other party interest and costs in addition to the principal performance , the provision of section 367 applies with the necessary modifications .
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