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Moveable Transactions (Scotland) Act 2023
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14Asserting defence or right of compensation
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(1)Except in so far as the debtor and the assignor agree otherwise before an assignation document is granted in respect of the claim, the debtor, or any co-debtor, may assert against the assignee any defence which the debtor, or co-debtor, would have had the right to assert against the assignor.
(2)Nothing in subsection (1) affects the operation of any other enactment which restricts or prevents the making of such an agreement.
(3)For the purposes of any enactment or rule of law concerning compensation, set-off, retention, balancing of accounts or counterclaims, a debtor is not to be treated as receiving notice of the assignation of a claim only because an assignation document is registered in respect of the claim.
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