How to proceed in a situation where the counterparty (the second party that has concluded a contract) does not fulfill the conditions of the contract?Post it to the court or to try to resolve the issue amicably?For information on how to terminate the contract and to issue the necessary papers correctly, see below.Prior to this, a clarification: exercise termination of the contract and refuse to carry out the agreed terms in it, it is possible only with the consent of the counterparty.The unilateral termination of the contract is permitted if it is established by the parties in the contract or in cases clearly defined the Civil Code.For example, para. 2, Art.475, para. 2, Art.480.
Methods of termination of the contract
- Termination of the contract by producing a separate agreement on the termination of the contract.
Such a method is considered to be the most appropriate if one of the parties fails to fulfill part of its obligations.Here, as the initiator of the termination of the contract, as well as the counterparty must agree on the fate of those things, which are transferred to the execution of the contract is terminated.After all, Article 453 of the Civil Code specifies that the parties have no right to claim back what was done under the contract prior to the date of signing the agreement on the termination of the contract.Thus, if a party terminates the contract concerned to such goods back from the buyer, transmitted on a prepaid basis, then this should be right to register in the agreement.
Civil Code to the parties to determine the three points when the contract (contract for work contract in the army, etc.) will be considered null and void:
- at the time of signing the agreement on the termination (this implies that the obligations of the parties with respect to eachother terminate on the date, the date of which is defined in the contract);
- in the case of an agreement giving retroactive effect (situations where you need to "lose" the contract before the end of the reporting period, and the contract is signed later);
- terminate the contract by mutual agreement with a future date (if the contract is signed, for example, on November 5, and it states that it terminated on November 15 that this date will be considered as the day of termination of the contract).
- Many people wonder whether it is possible to terminate the contract by signing an additional agreement to the contract.Answer: Yes, if it spelled out the conditions for its termination.Sometimes, it is drawing up additional agreement is the best option of termination of the contract.
- to court.How to terminate the contract in court, you can ask any lawyer.However, the actions are simple: you have to send a lawsuit to terminate the contract.Pay a state fee as for non-property claim.The claimant will be required to prove their own violation of the other party of its obligations or changed circumstances.The contract, in this case, will be considered null and void from the date of entry into force of the decision of the judge.