Article 381. Consequences of the termination and non-performance of the obligation secured by a deposit.
1. If an obligation is terminated prior to the start of its execution by agreement of the parties or due to the impossibility of performance (Article 416), the deposit must be returned. 2. If the party that provided the deposit is responsible for the non-performance of the contract, it remains with the other party. If the party that received the deposit is responsible for the non-performance of the contract, it is obliged to pay the other party a double deposit amount. Moreover, the party responsible for the non-performance of the contract is obliged to compensate the other party for the losses, offsetting the amount of the deposit, unless otherwise provided in the contract.
References to other articles of chapter 23. Ensuring the fulfillment of obligations: