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Restriction for the offset by the borrower in the GTC

24.03.2017

According to a provision stipulated in the GTC the bank can offset all claims against the borrower but the latter can only offset claims against the bank that are linked to the liabilities arising from the credit relationship, or which have been judicially awarded or recognized by the credit institution. This reduction of compensation is objectively justified for the protection of the credit institution and thus permissible. [OGH 20.07.2016, 6 Ob 120/15p]