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Book 2 · Law of obligations  ›  Title 3 · Set-off › Section 391

Set-off in the case of different places of performance

(1) Set-off is not excluded by the fact that the claims concern different places of performance or of delivery. However, the party setting off is to provide compensation for the damage incurred by the other party due to the fact that they do not take receipt or cannot render performance at the specified place.

(2) If it is agreed that the performance is to take place at a specified time and in a specified place, then it is to be assumed, in case of doubt, that set-off against a claim for which there is another place of performance is to be excluded.

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