How to terminate the contract?
How to properly do in a situation wherethe counterparty (the second party that concluded the contract) does not comply with the terms of the contract? To sue him or try to solve the matter amicably? On how to terminate the contract and properly draw up the necessary papers, read below. Before this, one clarification: to terminate the contract and refuse to comply with the conditions stipulated therein, it is possible only with the consent of the counterparty. Unilaterally, cancellation of the contract is permitted, if this is established by the parties in the contract or in cases clearly specified by the Civil Code of the Russian Federation. For example, paragraph 2 of Art. 475, paragraph 2 of Art. 480.
Ways to terminate the contract
- Termination of the contract by drawing up a separate agreement on termination of the contract.
Such a method is considered the most acceptable ifone of the parties partially fails to fulfill its obligations. Here, both to the initiator of the termination of the contract, and to the counterparty, it is necessary to agree on the fate of those things that are transferred to the execution of the contract being rescinded. After all, Article 453 of the Civil Code of the Russian Federation specifies that the parties are deprived of the right to demand return of what was performed within the framework of the agreement before the date of signing the agreement on termination of the contract. Thus, if the party dissolving the contract is interested in, for example, returning from the buyer the goods transferred on a prepayment basis, then this should be stated directly in the agreement.
The Civil Code, at the discretion of the parties, determines three points when the contract (contract for work, contract in the army, etc.) will be considered annulled:
- at the time of signing the termination agreement (it follows that the obligations of the parties with respect to each other cease from the date that the contract was determined);
- if the agreement is retroactive (situations where it is necessary to "lose" the contract before the end of the reporting period, and the contract is signed later);
- terminate the contract by agreement of the parties withfuture date (if the contract is signed, for example, on November 5, and it states that it is terminated on November 15, then this date will be considered the day of termination of the contract).
- Many are interested in whether it is possible to terminate the contract,signing an additional agreement to the contract. We will answer: it is possible, if in it conditions of its termination are registered. Sometimes it is the drafting of an additional agreement that is the best option for terminating a contract.
- Appeal to the court. How to properly terminate a contract in court, you can find out from any lawyer. However, the actions are simple: you need to send a claim to the court for the termination of the contract. Pay the state fee as a non-property claim. The plaintiff will be obliged to independently prove the violation by the other party of their obligations or changed circumstances. The contract, in this case, will be deemed canceled after the decision of the judge comes into force.