Question juridique clé
Whether the loan debt had been extinguished by setoff against rent claims under Art. 85a SchKG
Solution extraite
The debt was not extinguished beyond the amount allowed by the lower court; setoff could not operate against future rent claims that were not yet due and enforceable.
Motifs extraits
Setoff requires an existing and enforceable counterclaim. The tenants' declaration of 30 June 1999 could not validly set off future rent instalments, and only the July 1999 rent remained available for setoff after earlier rent claims had already been discharged.