CeskyFrenchGermanItalianPortugueseTurkceSpanish

What is statistical reporting
08/31/2016
How do I know when the Mardi Gras
08/31/2016

How to terminate the agreement legally competent

How to terminate the agreement legally competent

"Not having given the word endure, and having given - keep" - says a popular proverb.

In today's world, to fulfill the promise we will not oblige morality and the law, and the "word" that is necessary to keep fixed in the contract.

Still, not every agreement concludedmarks, there is often a need for its dissolution to end the obligations under nemu.Pri termination of the contract should be governed by Chapter 29 of the Civil Code of the Russian Federation (hereinafter - the Civil Code).

instructions

1

Part 1 of Article 450 of the Civil Code provides for the rightcontractual parties (counterparties) to terminate it by mutual agreement. As a general rule, an agreement on the cancellation of the contract must be made in the same form as that of the document itself. Civil law the following forms of contracts knows: oral, written and simple written notary. The same form will and agreement on its dissolution, respectively. If the contract is not between the two, and between multiple parties to an agreement on its dissolution should come all counterparties without exception.
The agreement on the termination of the contract the partieshas the right to specify the time at which the obligation of the parties are considered to be discontinued. This point can not coincide with the conclusion of the agreement itself, and be delayed. If such a special moment does not specify the obligations of the parties are terminated at the time of signing the agreement on the termination of the contract.

2

Not always the parties can come to a mutualagreement. In practice, the more common situation is when the desire to terminate the agreement evinces only one of the parties. In this case, do without the court (part 2 of article 450 of the Civil Code). At the request of one of the parties to the contract may be terminated on the following grounds: (1) for material breach of contract by the other party, (2) in other cases provided by law or contract.

3

Before to go to court with the claim must becomply with the statutory pre-trial order: direct counterparty (or counterparties, if more than one) proposal to terminate the contract by mutual agreement. This is best done in writing: the court will need visual proof of compliance with this procedure. In a letter (statement, claim, complaint - the name does not matter) should set a deadline for the answer- if you do not do this, then the answer will have to wait for 30 days. Sometimes it is set by contract or by law in respect of a separate type of contract.
If at fault contractor refused to terminate the contract or did not respond at all, you can go to court.

4

The dispute with the participation of natural persons willconsider the district court of general jurisdiction, with the participation of legal entities and individual entrepreneurs - the arbitral tribunal. The statement of claim, applied to the court of general jurisdiction, and the documents attached thereto shall comply with the requirements of 131, 132 of the Civil Procedure Code RF-requirements for the form and content of the statement of claim, applied to the Arbitration Court, and the attached documents are contained in articles 125, 126 of the Arbitration procedural Code of the Russian Federation.
If complied with pre-trial procedure for settlingdispute, the claim is made correctly, the plaintiff submitted the necessary evidence, the court decides to terminate the contract. From the moment the court decision comes into legal force, the contract is terminated and the obligations of the parties on it stopped.

How to terminate the agreement legally competent

Comments are closed.