Supplementary Agreement to terminate the contract is aimed at stopping or changing the relevant obligations.As the essential conditions for the occurrence of such transactions should recognize any circumstances that the parties consider necessary for this.
agreement to terminate the contract (or its change), the composition of its environment is formed in accordance with the legal purpose of the treaty itself.For example, when fixing the conditions of the paid services, their result can not be canceled or modified.That is the quality of service remains the same.
terms on the subject of the additional agreement are formed of two elements: the target and binding.The second concept is a sign of the quality of the relationship between the parties has arisen, determine the type and nature of the relationship.The target element includes benefits (tangible and intangible), the achievement of which is considered to be a legal challenge of the contract-transaction.Sample agreement on termination of the contract is fixed by law.
Task quantitative criterion may not coincide with the material component of a relationship.Thus, an agreement on the termination of the agency contract or fee of the service eliminates the performance material results.In this regard, the inclusion of the relevant item on the achievement of results is not required.
structure of the target component of the subject matter of the original conditions of the contract creates the possibility of its dissolution or modification by the transformation of this particular part of the conditions of the subject.Thus, the change in the direct object of the activity does not lead to the termination of the obligations, and to change the conditions of their execution.Changing the indirect object, on the contrary, provides for an agreement on the termination of the contract, and not to change it.Thus, the change in the object of insurance can only be canceling previous commitments.
agreement to terminate the contract does not include the condition of the seizure of the target component.If previous commitments are in the process of execution, the target component serves as the object of execution.In this connection, the termination must indicate the cancellation of the performance.In this case, the target component is automatically ceases to exist, as a member of the former obligation.In this case, use the concept of "taking the target element" is incorrect, as should be considered only the "cancellation of execution."
most common type of contract termination by agreement is considered to be the abolition of the coming performance of all obligations at the same time.Terminated as components that are at runtime, and those that should be executed in the future.Terms and conditions of termination of the implementation of all obligations under the contractual terms are an essential component of the subject of the agreement to terminate the contract.This situation applies both to the behavior of the debtor, and the element of personal liability.
At the same time cease to exist and all rights of creditors' claims, which correspond to a canceled performance, including the rights to obligations that have already been started.
marginalized groups form an agreement on termination of the agreement, which aimed to replace a liability component of the conditions of the subject matter of the original (primary) of the Treaty.
Any change in a liability component (ie change of activity) comes the cessation of existence of the obligations and the emergence of the new.For a classic example of such innovation include the cancellation.Due to the fact that innovation is an agreement of the parties existing contract, it qualifies as a kind of agreement on termination or change of existing commitments.