"If you do not give a word, bear it, but keep it," says the popular proverb.
In the modern world, it is not moral but the law that imposes the promised promise, and the "word" that must be kept is fixed in the contract.
And yet not every contract concludedIt is often necessary to terminate it in order to terminate its obligations under it. When the contract is terminated, chapter 29 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation) should be guided.
Part 1 of Article 450 of the Civil Code of the Russian Federation provides for the rightParties to the contract (counterparties) to terminate it by mutual agreement. As a general rule, an agreement to terminate a contract must be made in the same form as the document itself. Civil law knows the following forms of contracts: oral, simple written and written notary. The same forms will be for the agreement on its termination, respectively. If the contract is concluded not between two, but between several persons, all contractors must come to an agreement on its termination without exception.
In the agreement on cancellation of the contract of the partyHas the right to specify the moment from which the parties' obligations are considered to be terminated. This point may not coincide with the conclusion of the agreement itself, but be delayed. If such a special moment is not specified, then the obligations of the parties are terminated at the time of signing the agreement on termination of the contract.
Not always the parties can come to mutualAgreement. In practice, more often a situation occurs when only one of the parties shows the desire to terminate the contract. In this case, you can not do without a trial (Part 2 become 450 of the Civil Code of the Russian Federation). At the request of one of the parties, the contract may be terminated on the following grounds: (1) in case of a material breach of the contract by the other party, (2) in other cases provided for by law or by contract.
Before applying to the court with a suit is necessaryComply with the pre-trial procedure established by law: send the counterparty (or counterparties, if there are several) a proposal to terminate the agreement by mutual agreement. It is best to do this in writing: the court will need a visual proof of compliance with this procedure. In the letter (statement, claim, complaint - the name does not matter), you should set a time limit for the answer - if you do not do this, then you will have to wait for 30 days. Sometimes it is established by the contract itself or by law with respect to a particular type of contract.
If the defrauded counterparty refused to terminate the contract or did not respond at all, you can go to court.
The dispute involving individuals will beConsider a district court of general jurisdiction, with the participation of legal entities and individual entrepreneurs - the arbitral tribunal. A statement of claim submitted to a court of general jurisdiction and documents attached to it must comply with the requirements of 131, 132 of the RF Civil Procedure Code. The requirements for the form and content of the statement of claim submitted to the arbitration court and the attached documents are contained in Articles 125, 126 of the Arbitration Procedural code of the Russian Federation.
If the pre-trial settlement procedure is observedDispute, the statement of claim is drawn up correctly, the plaintiff presents the necessary evidence, the court decides to terminate the contract. From the moment the judgment comes into legal force, the contract is considered to be terminated, and the obligations of the parties on it are terminated.