The activities of enterprises and private entrepreneurs sometimes need to review the conditions of the concluded contracts until their complete dissolution.Termination of the contract - the procedure under civil law and has certain characteristics.It is always associated with the termination of the commitments undertaken by the parties to the contract.The Civil Code specifies how the legal termination of contracts and the order of the procedure.
Termination of contract by mutual consent of the parties is the most easy and painless from a legal point of view.In this case, it must necessarily be agreement on its dissolution, which recorded a voluntary mutual agreement on the procedure.This document is legally binding, and being well-written, to avoid further litigation.
To properly arrange the termination of the contract (sample agreements can be downloaded on any site legal support), you must specify it's name and details (or the name and position) on both sides, describe in detail the reasons for termination and date earliersigned contract.It should be pointed out that the parties are released from the obligation to terminate the contract after signing the agreement.
In the case of the previously concluded contract has already begun the process of implementation of commitments (operations, cargo delivery is made, and so on. D.), Which can not stop instantaneously, the agreement must be detailed procedure and terms of termination of pending obligations.
unilateral termination of the agreement may be made a judgment in the case of serious breaches of its terms by the other party, as well as on other grounds stipulated by the Civil Code.Article 451 provides for the termination of any change in the conditions of the contract of a substantial change in circumstances.Such as a change that make compliance with the agreement meaningless due to the inability to reach the initially planned outcome or extremely difficult to achieve this.
In the case of fundamental breach of one of the parties to contract terms, the court may terminate the contract oblige it to compensate the material damage.In case of impossibility of performance terms of the contract for reasons beyond the sides of the reasons (eg, changes in economic conditions of the market), the court shall provide for the equitable distribution of losses and expenses arising from the fact of termination.
situation deserves special consideration when there is a termination of contract.If the customer can terminate this contract at any time, the law provides for the contractor are strictly limited list of grounds for termination.These grounds may be provided in the agreement (almost any) or refer to the cases provided by law.
legally termination of the contract the contractor is possible if the customer has provided unsuitable or substandard materials, equipment and documentation and refused to replace them provided contractor warnings about their unfitness.The same applies to the working conditions or other circumstances bearing adverse effects or failure to complete the work in time, subject to the timely warning and failure of the customer to make the necessary changes in the contractor has the legal right to demand cancellation of the contract.
In addition, in the case of a contract for the construction of the termination of the contract by the contractor may in violation of contractual obligations by the customer (failure to provide the necessary documentation, equipment, materials) or obvious signs that such obligation will not be fulfilled in time.In this case, the contractor may also claim compensation for damages suffered as a result of default by the customer commitments.