On the conditions under which claims against a bankrupt contractor may be classified as a guarantee hold for netting purposes

The article characterizes the legal nature of netting as a result of the guarantee retention in contractual relations. Due to the lack of legislative regulation of the guarantee hold, the arbitration practice has been developed, fixing the requirements for the wording, in the presence of which the condition on the guarantee hold is considered agreed by the parties. The research into the topic of following article seems necessary both from a theoretical point of view, and for practical purposes, since netting as a result of a guarantee hold is not considered as a set-off, and therefore, is not subject to challenge in bankruptcy cases.