Court orders curator to release construction guarantee sum to contractor after rejecting contract performance.

The court ordered the curator of the bankrupt contractor to release a construction guarantee sum held by a notary for the homeowner. The homeowner and a construction company argued that the guarantee should be returned since the contractor failed to perform, while the curator refused to recognize the contract. The court ruled that because the contract was not performed, the guarantor had no right to retain the sum, mandating its release to the creditor.