Author(s)

Jie Lu ¹

Affiliation(s)

¹ Kenneth Wang School of Law, Soochow University, Suzhou, China

Corresponding Author

Jie Lu

ABSTRACT

Set-off in litigation constitutes a frequent subject of civil disputes. In judicial practice, determinations regarding the validity of set-off defenses are typically articulated within the reasoning section of civil judgments, rendering the recognition of set-off efficacy inherently intertwined with the legal effect ascribed to judicial reasoning. This article undertakes a focused examination of doctrinal theories concerning set-off validity, ultimately affirming the jurisprudential soundness of the Concurrent Effect Doctrine.

KEYWORDS

Civil litigation; Set-off; Judicial reasoning; Res judicata

CITE THIS PAPER

Jie Lu. Research on the Efficacy of Set-off in Civil Litigation. Science of Law Journal (2025) Vol. 4: 141-146. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040217.

REFERENCES

[1] The Enterprise Bankruptcy Law of the People's Republic of China (Articles 40, 41, 42, 43, 96, and 97) imposes specific restrictions on set-off, such as stringent limitations on bankruptcy set-off rights, prohibitions against individual repayments, enumerated scenarios prohibiting set-off, and non-offsettable circumstances.
[2] Shi Shangkuan, General Principles of Obligations, China University of Political Science and Law Press, 2000, p. 816.
[3] Shin' ichi Kōji (Japan), New Civil Procedure Law, trans. Lin Jianfeng, Law Press, 2008, p. 303.
[4] Shao Ming, Essential Analysis of Civil Procedural Acts, Journal of Renmin University of China, No. 2 (2002), p. 102.

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