Article 381. Consequences of termination and default of an obligation secured by the deposit

1. In the event of termination of an obligation prior to the commencement of performance by agreement of the parties or due to the impossibility of performance (art. 416), the deposit must be surrendered. 2. If the failure to perform the contract by the parties to do so results in a failure to perform the contract. If the party receiving the deposit is responsible for the non-performance of the contract, it must pay the other party double the amount of the deposit. Moreover, the party responsible for the non-performance of the contract is under an obligation to compensate the other party for the loss and set-off of the deposit, unless the contract otherwise provides.