assert a set-off

简明释义

提出债权作为抵销

英英释义

To assert a set-off means to formally claim or declare the right to reduce or eliminate a debt by stating that there is an opposing claim or obligation owed to the debtor.

主张抵消是指正式声明或宣称有权通过指出债务人所欠的相对债权或义务来减少或消除债务。

例句

1.The tenant attempted to assert a set-off for the repairs that were not completed by the landlord.

租户试图对房东未完成的维修工作主张抵消

2.During negotiations, the company chose to assert a set-off for outstanding invoices owed by the supplier.

在谈判中,公司选择对供应商所欠未付款项主张抵消

3.The contractor decided to assert a set-off against the client for the additional costs incurred during the project.

承包商决定对客户主张抵消因项目中产生的额外费用。

4.In court, the defendant was able to assert a set-off for the damages caused by the plaintiff's breach of contract.

在法庭上,被告能够对原告违反合同造成的损害主张抵消

5.Before finalizing the settlement, the lawyer advised his client to assert a set-off for any unpaid wages.

在最终达成和解之前,律师建议他的客户对任何未支付的工资主张抵消

作文

In the realm of finance and law, the term 'set-off' plays a crucial role in ensuring fairness and justice in transactions. To 'assert a set-off' means to claim that a debtor has the right to reduce the amount owed by an amount the creditor owes to them. This legal principle allows parties involved in a transaction to offset their mutual debts, thus preventing one party from being unjustly enriched at the expense of another. Understanding how to effectively assert a set-off is essential for anyone engaged in financial dealings or legal disputes.For instance, consider a scenario where Company A owes Company B $10,000 for services rendered. Simultaneously, Company B owes Company A $4,000 for materials supplied. In this case, Company A can assert a set-off against the debt it owes to Company B. By doing so, Company A effectively reduces its liability to $6,000, as it can deduct the amount owed by Company B from its own debt. This not only simplifies the transaction but also ensures that both parties are treated equitably.The concept of set-off is particularly relevant in bankruptcy proceedings, where creditors often seek to recover amounts owed to them. In such cases, the ability to assert a set-off can significantly impact the outcome of the proceedings. For example, if a debtor files for bankruptcy, creditors may be able to reduce their claims by asserting any debts owed to them by the debtor. This mechanism serves to balance the interests of both debtors and creditors, promoting a more equitable resolution of financial disputes.Moreover, asserting a set-off is not limited to formal legal contexts; it can also be applied in everyday business transactions. For example, small businesses frequently engage in reciprocal arrangements where they provide goods or services to each other. In such situations, understanding how to assert a set-off can help maintain healthy cash flow and foster long-term relationships between businesses. By recognizing mutual obligations, companies can avoid unnecessary disputes and streamline their financial interactions.However, it is important to note that the right to assert a set-off may vary depending on the jurisdiction and the specific terms of the agreements between the parties involved. Legal advice is often necessary to navigate these complexities and ensure that the assertion of a set-off is valid and enforceable. Additionally, parties should keep detailed records of all transactions to support their claims when necessary.In conclusion, the ability to assert a set-off is a powerful tool in the world of finance and law. It allows parties to balance their debts and promotes fairness in transactions. Whether in formal legal proceedings or informal business arrangements, understanding how to effectively utilize this principle can lead to better financial management and more equitable outcomes for all parties involved. As such, it is essential for individuals and businesses alike to familiarize themselves with the concept of set-off and its implications in their financial dealings.

在金融和法律领域,‘抵消’这一术语在确保交易的公平和正义方面发挥着关键作用。‘assert a set-off’的意思是声称债务人有权通过债权人欠其的金额来减少所欠金额。这一法律原则允许交易双方抵消彼此的债务,从而防止一方在另一方的损失中不当获利。有效理解如何assert a set-off对于任何参与金融交易或法律争议的人来说都是至关重要的。例如,考虑一个场景,A公司欠B公司10,000美元的服务费。同时,B公司欠A公司4,000美元的材料费。在这种情况下,A公司可以对其欠B公司的债务assert a set-off。通过这样做,A公司实际上将其责任减少到6,000美元,因为它可以从自己的债务中扣除B公司所欠的金额。这不仅简化了交易,还确保双方都得到公平对待。抵消的概念在破产程序中尤为相关,在此过程中,债权人通常寻求收回他们所欠的金额。在这种情况下,assert a set-off的能力可能会显著影响程序的结果。例如,如果债务人申请破产,债权人可以通过主张债务人所欠的任何债务来减少其索赔。这一机制旨在平衡债务人和债权人的利益,促进财务争议的更公平解决。此外,assert a set-off并不限于正式法律环境;它也可以应用于日常商业交易中。例如,小型企业经常进行互惠安排,相互提供商品或服务。在这种情况下,理解如何assert a set-off可以帮助维护健康的现金流,并促进企业之间的长期关系。通过认识到相互义务,公司可以避免不必要的争议,简化其财务互动。然而,需要注意的是,assert a set-off的权利可能因管辖权和当事方之间协议的具体条款而异。通常需要法律建议以应对这些复杂性,并确保抵消的主张是有效和可执行的。此外,各方应保留所有交易的详细记录,以在必要时支持其索赔。总之,assert a set-off的能力是金融和法律世界中的一种强大工具。它允许各方平衡其债务,并促进交易的公平性。无论是在正式的法律程序中还是在非正式的商业安排中,理解如何有效利用这一原则可以带来更好的财务管理和更公平的结果。因此,个人和企业都必须熟悉抵消的概念及其在财务交易中的影响。