Abstract

Art. 470 of the Civil Code provides for a regulation of the effects of making a deposit, where the act of depositing is a surrogate of a performance under substantive law. Such a regulation is missing in the case of security deposits. There are no grounds for transposing substantive law regulations connected with and the effects of performance of an obligation to security deposits. The regulation of Art. 470 CC is immanently connected with making a deposit as a surrogate of a performance rather than any institution whose name refers to the court deposit regulated by substantive law. Thus, placing money in the deposit account of the court (at present the deposit account of the Ministry of Finance), in the course of the proceedings to secure claims preceded by the actions of the bailiff in order to execute a court decision has no effects such as those laid down in Art. 470 CC.