"Clearing and its contemporary applications" (a comparative study)

Document Type : Original Article

Author

Faculty of Law - Mansoura University

Abstract

Set-off is a tool of fulfillment and guarantee at the same time, but it is a tool of fulfillment because it leads to the expiration of the two opposite obligations that meet the conditions to the extent of the least of them, but it is a tool to simplify fulfillment, it spends two debts together at the same time, and either it is a guarantee tool because the creditor fulfills his right from the debt that occupies his liability ahead of the rest of the creditors of his debtor, which gives him the right of privilege, and the debt in his debt is like the mortgaged money allocated to fulfill his right. And clearing also has importance in civil transactions, so its importance appears more in commercial transactions, as trade is based on speed and confidence in dealing provided by clearing as a means of security, as it protects the creditor from procrastination of the debtor in paying his obligations, as well as from crowding out other creditors on the other hand.

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