Set-off and Netting in Private International Law

Student: Smelov Daniil

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2020

This bachelor thesis presents a research of set-off and netting as ways to terminate obligations which are widely used in financial, banking and other areas that require cash transactions. The aim of the study is to study the legal aspects of set-off and netting, as well as to consider the nuances associated with their conflict-of-laws regulation and functioning in the framework of cross-border insolvency. In the first chapter, the concept of set-off and netting is described as well as their types, application conditions are highlighted, and similarities and differences between different types are identified. The second chapter is devoted to the issues of conflict-of-laws regulation. The third chapter examines how set-off and netting are functioning when applied to the insolvency process, especially if they involve a foreign element or if several proceedings are initiated against one debtor in different jurisdictions.

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