Abstract

The article analyses the concept of a warranty deposit under a construction work contract since this notion is not unambiguous. The analysis concerns a situation whereby rehabilitation proceedings have been initiated against the deposit giver. It has been concluded that the opening of rehabilitation proceedings against the deposit giver results in a moratorium on performance of non-monetary liabilities which had arisen beforehand, including definite guarantee obligations. Moreover, it has been pointed out that the opening of rehabilitation proceedings against the deposit giver does not deprive the deposit taker of the possibility to utilize the deposit, including covering of the costs of substitute performance.