Using Set-off as Security (A Comparative Survey for Practitioners)

Abstract

This book is a co-publication with the International Bar Association. The concept behind the book arose out of a seminar of the Section on Business Law of the International Bar Association, which took place in Amsterdam in 1985. The result is a book, much along the lines of a comparative work, considering set-off in broad terms and under different legal systems. Chapter 1, by Francis Neate, is on Set-Off as Security, while chapter 2, by Mark Hapgood, deals with the Rights of Set-Offas Security. While Hapgood also deals with Set-Offunder the Laws of England in chapter 3, Richard Ladbury looks at Set-Offin Australia. Donald Milner deals with Canadian law, while Daniel Cunningham and Michael Goldman look at the United States. German law is viewed by Georg MaiereReimer, Dutch law by R.B. Gerretson, and Danish Law by Herman Federspiel. In a rare inclusion of Norweigan law this area is ably dealt with by Ole Hoie. French law is set out in a regretably short piece by Bernard Carrez, and Italian law by Giancarlo Elia. Swiss law is the product of a joint effort by Edmond Tavenier and Plerre-Yves Tschanz. Although the styles and the flow of each ofthe chapters varies, one important factor is use of certain questions to give answers in the chapters and illustrations throughout the text. Provided the imbalance of contributions (which does not reflect on the individual contributors, publishers or editors) does not upset the reader, the book is of assistance, and should certainly be a work of first resort when considering this ever-important subject.