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ORCO
CH
CH
Art. 124 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte prima: Disposizioni generali; Titolo terzo: Dell’estinzione delle obbligazioni; F. Compensazione; II. Effetti della compensazione
Art. 124 CO
Non vi ha compensazione se non quando il debitore manifesti al creditore la sua intenzione di usare del diritto di opporla.
I due crediti si riterranno allora reciprocamente estinti, per le quantità corrispondenti, al momento stesso in cui divennero a vicenda compensabili.
Restano fermi gli usi speciali dei conti correnti commerciali.
Decisioni giudiziarie che applicano questa disposizione (136)
SB.2003.00023 · zh (Art. 124 OR)
D Portfolio Management Tax Case
This provision was cited as part of the legal norms relevant to the case, likely in relation to the underlying legal structure of the transactions (though its direct application in the operative part is less clear than for § 19 aStG and Art. 286 SchKG, it is listed alongside them).
HSU.2025.19 · ag (Art. 124 Abs. 1 OR)
Construction Lien Preliminary Registration Granted Despite Objections
Specifies that offsetting requires a declaration of intent.
HSU.2025.19 · ag (Art. 124 Abs. 2 OR)
Construction Lien Preliminary Registration Granted Despite Objections
States the legal effect of offsetting, which is the extinction of claims.
HG220107 · zh (Art. 124 OR)
Plaintiff v. Defendant: Recovery of Connection Fees Under Lump-Sum Contract
Cited in the reasoning section concerning the declaration requirement for set-off, which is relevant background for the dismissed counterclaim (order 3 dispositive).
BO.2024.2 · sg (Art. 124 OR)
Lease Termination Liability and Set-Off Retroactive Effect
This provision regarding the effect of set-off was used in the reasoning (E. IV.6 & IV.7) to justify the retroactive cancellation of interest claims due to set-off.
HG210127 · zh (Art. 124 Abs. 1 OR)
Real Estate Development Payment Dispute and Fee Calculation
Cited to establish that set-off must be explicitly declared by the debtor.
HG210147 · zh (Art. 124 Abs. 2 OR)
Factoring Company v. Client: Dispute Over Outstanding Payments and Accounting Errors
Determines the retroactive effect of set-off to the point when claims became eligible for set-off.
36.2023.5 · ti (Art. 124 CO)
Insured's Liability for Mandatory Health Insurance Premiums and Cost-Sharing for Family Members
Cited in the discussion regarding the mechanics of set-off under Civil Code law.
14.2023.24 · ti (art. 124 cpv. 1 CO)
Appeal Regarding Enforcement of Co-Ownership Cost Division: Interest Accrual and Penalty Fee Dispute
Cited in the reasoning regarding the requirements for compensation (declaration requirement) (point 7.1).
2023.09.05.zr.1.rm · bl (Art. 124 Abs. 1 OR)
Temporary Agency Unlawfully Withheld Night Shift Bonuses, Offset Attempted Against Gratuities Improper
Cited in relation to the requirements for a set-off declaration, which was found to be lacking in the lower court's decision.
HC.2023.297 · vd (Art. 124 al. 1 CO)
Speech Therapist Contractual Status Dispute
This provision concerning set-off was discussed extensively in section 5, but it does not appear in the dispositive orders (I to VI).
Z1 2022 24 · zg (Art. 124 Abs. 1 OR)
Profit-Sharing Dispute Appeal: Bias Allegations Dismissed, Judgment Upheld Against First Defendant, Second Defendant Cleared
Cited as the legal basis for the requirement of a set-off declaration, which was found to be missing.
LF220079 · zh (Art. 124 Abs. 1 OR)
Tenant Eviction Upheld Despite Insufficient Counter-Evidence on Rent Arrears
Cited in the reasoning regarding the effect of a set-off declaration concerning rent arrears.
C/22905/2021 · ge (art. 124 CO)
Executor's Appeal Regarding Debt Payment Order and Interest Calculation
Cited in the reasoning to explain the effect of the declaration of compensation, which justifies the court's holding on the cessation of interest on the compensated claim.
ZSU.2022.200 · ag (Art. 124 OR)
Condominium Owner Fails to Offset Fees with Unsubstantiated Damage Claims
Cited in relation to the defendant's intention to counterclaim for set-off against the plaintiff's claim.