Clearing (offset) is the mutual erasure of the debts of the parties who are simultaneously creditors in a mutual debt relationship. It is regulated in TBK art. 139-145.
Conditions of Barter
- Parties' status as mutual creditor-debtor
- Receivables must be of the same type (usually money)
- Both receivables must be due
- Mutually sued
Barter Unfavorable Receivables (TBK art. 144)
- Receivables for property acquired through tort
- Domestic alimony receivables
- Personal receivables against legal entity receivables
Clearing Declaration
Exchange is realized with a unilateral declaration. It may be written or oral; It is recommended that it be in writing for proof.
Settlement in Enforcement Proceedings
During enforcement proceedings, the debtor may claim his receivables from the creditor as an exchange with objection.
Supreme Court 11th and 12th HD
Supreme Court 11th HD stated that the request for clearing is subject to the condition of "the receivable is clear and due", and that the disputed receivables are still in dispute. It is accepted that it cannot be subject to exchange.
Obligations law attorney is recommended.