220
ORCO
CH
CH
Art. 169 Legge federale del 30 marzo 1911 di complemento del Codice civile svizzero (CO)
CO; Parte prima: Disposizioni generali; Titolo quinto: Della cessione di crediti e dell’assunzione di debiti; A. Cessione di crediti; II. Effetti della cessione; 1. Posizione del debitore; c. Eccezioni del debitore
Art. 169 CO
Il debitore può opporre al cessionario le eccezioni che avrebbe potuto opporre al cedente, se già sussistevano quando ebbe notizia della cessione.
Se a quel momento il debitore aveva verso il cedente un credito non ancora scaduto, egli potrà opporlo in compensazione, purché la scadenza del suo credito non sia posteriore a quella del credito ceduto.
Decisioni giudiziarie che applicano questa disposizione (47)
VR230005 · zh (Art. 169 Abs. 1 OR)
Set-off of Legal Cost Award Against Prior Court Costs
The court addressed the effect of the assignment (Abtretung) on the possibility of setting off claims, citing Art. 169 para. 1 OR in the context of the preconditions for set-off.
32----------- · vd (Art. 169 al. 1 CO)
Employer Garnishment Notice Timing and Set-off Defense on 13th-Month Salary
Cited in the reasoning section regarding the debtor's right to offset claims against the assignee (which influenced the final order).
HG190163 · zh (Art. 169 Abs. 1 OR)
Plaintiff v. Defendant: Assignment Validity and Settlement Payment Interpretation
Cited in the reasoning concerning set-off rights against the assignee, which the court implicitly rejected by granting the claim fully.
A/3248/2017 · ge (art. 169 al. 1 CO)
Taxation of Debt Settlement as Income Based on Net Wealth Increase
Cited in the reasoning section regarding the debtor's right to raise exceptions against the assignee.
ML.2018.89 · vd (Art. 169 al. 2 CO)
Primacy of Federal Law Over Cantonal Attorney's Right to Costs in Enforcement Proceedings
This provision regarding the debtor's right to offset a claim against the assignor was applied in assessing the compensation claim used to partially extinguish the debt subject to the main order.
Jug.2018.32 · vd (Art. 169 CO)
Guarantee Fund v. Pension Foundation Administrators: Prescription Period for Reimbursement
Cited in reasoning concerning the transfer of objections and exceptions during subrogation.
C/12057/2014 · ge (Art. 169 al. 1 CO)
Business Sale Dispute: Lease Transfer Delay and Contractual Penalty Offset
Cited in the final orders for the compensation between claims.
14.2016.75 · ti (art. 169 cpv. 1 CO)
Assignment of Debt: Defenses Against Cessionary Following Notice
Used to reject the debtor's exception based on subsequent credit notes because the debtor was aware of the assignment prior to those acts.
S.questre.2016.6 · vd (Art. 169 CO)
Appeal Regarding Seizure Order Based on Unsubstantiated Assigned Claims in Estate Dispute
Cited in the reasoning concerning the principle that assignment of a claim should not worsen the debtor's situation, affecting its exigibility.
102 2014 207 · fr (art. 169 CO)
Enforcement Order Opposition Lifted Subject to Compensation Counterclaim Against Litigant
Cited implicitly as the basis for admitting the compensation exception which led to rejecting the request for release from opposition.
AM.10.13.29.2014 · vd (Art. 169 al. 1 CO)
Insured's Objection to Co-payment Collection After Insurer's Third-Party Payment
Cited in the initial list of provisions, related to the insured being able to raise exceptions against the insurer in the context of debt assumption.
C/8982/2013 · ge (Art. 169 al. 1 CO)
Lawyer's Right to Enforce Awarded Legal Costs vs. Opposition to Payment Order
Cited in the reasoning regarding the debtor's right to raise exceptions known at the time of learning of the assignment.
NE100021 · zh (Art. 169 Abs. 1 OR)
Mistaken Bank Transfer Restitution and Business Assumption Liability Transfer
Cited by the respondent in argumentation regarding the permissibility of compensation even without full reciprocity, but the court's final ruling relies more on Art. 181 OR.
A/2069/2010 · ge (art. 169 CO)
Benefits Recipient v. Offset of Overpayment Debt During Pending Appeal
Cited in the reasoning section concerning exceptions that can be opposed to an assignee.
A/258/2010 · ge (art. 169 al. 1 CO)
Physicians v. Insurer Regarding Reimbursement for Suspended Benefits
Used as the legal basis allowing the insurer to raise exceptions against the cessionary (doctors) that it could raise against the insured.