The extinguishing of mutual debts of the same kind by a unilateral declaration of one party, up to the amount of the smaller debt.
All termsUnder Turkish law, set-off allows a party who owes a debt to a person holding a similar claim against them to extinguish both debts by a unilateral declaration. The debts are cancelled up to the amount of the smaller one, achieving settlement without any actual payment.
Set-off requires mutuality of the claims, obligations of the same kind (typically money) and that the claim of the party declaring set-off is due. It arises frequently in current account relationships, landlord-tenant disputes and as a defence against enforcement proceedings.
Certain claims are protected: maintenance claims and the statutorily protected portion of employee wages cannot be set off without the creditor's consent. Parties may also waive the right of set-off in advance.
Mahsup ile karıştırılmamalıdır: mahsup tek bir borç içindeki kalemlerin hesaplaşmasıdır, takas ise iki ayrı ve karşılıklı borcun birbirini sona erdirmesidir.
The glossary is provided for information only and does not constitute legal advice. What a term means in a specific case depends on the details of the file.