Potrącenie wierzytelności w międzynarodowej sprzedaży towarów
Set-off in international sale of goods

Summary/Abstract: Although there should be no doubts that under Article 4 CISG the set-off is covered by the relevant scope of Vienna Convention, we should bear in mind that the Convention itself does not contain any specific rules governing this institution. Several attempts were undertaken by scholars and judicature in order to deal with this gap. Many have referred to general principles of European uniform law. This has not allowed for a conclusive and satisfactory result. The opinions expressed so far have not facilitated answers to questions such as relating to the criteria of admissibility, legal nature, specific modes and effects of the set-off of claims resulting from a contract of international sale of goods. Due to the lack of specific rules under the Convention, these issues shall be determined according to the relevant domestic legal system, determined by the conflict law rules of the forum. Polish court should thus apply the rule expressed in Article 17 of the Rome I Regulation (Regulation No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations) and subsequently evaluate the admissibility of the set-off under the domestic legal system relevant for a claim against which the right to set-off is asserted (the so called main or passive claim).

• Details
• Contents