Those who are engaged in entrepreneurial activity, circumstances often arise due to which you want to change or terminate the contract.In this area, there are certain characteristics and rules which the economic operators must be clearly observed.Civil Code contains the principle of compulsory execution of all the items of the bilateral agreement.
Modification and termination of contract are different concepts.The first one is a procedure in which the legal validity of the agreement remains, but introduced some changes or clarifications of certain points.And under the termination refers to the termination of the relationship of subjects before the date set in the contract.It can be done in two and unilaterally.Under current law, the termination only by mutual approval.However, an entity has the right to apply to the courts for violation of the rights or neglect, that allows you to terminate the contract and bring to justice the counterparty.
In practice, he often violated the order of the conclusion, modification and termination of the contract.A party may terminate the agreement without the consent of the other only if the justification referred to in the legislation.Moreover, as significant reasons can be a significant change of circumstances.By this is meant a significant breach of a contractual item, which causes a loss of money for a large sum for a partner or other significant disadvantages.Such circumstances radically change the position of the company, so called essential.If experts could foresee the consequences in a timely manner, and the agreement would not be signed.
And under these conditions you can actually fulfill the obligations specified in the contract, but the result is different from the planned transaction.Thus, the very essence of the agreement is useless, because any relationship should be equally beneficial to the two parties.Modification and termination of the contract is applied in order to rectify this situation.It is expected that after the change of some items the result of an agreement will eventually bring positive results for all parties to the transaction.
if the partners can not reach a compromise, one party has the right to change the agreement forcibly by referring to the relevant court.The authorities are studying in detail the existing contract in order to identify the grounds on which you can make a change and termination of the contract.Thus, the agreement must satisfy the following conditions:
- With his signing parties to the transaction were not planning to make any changes.That is, an agreement drawn up for a specific period of time and was originally drafted in such a way as to make a profit.
- there are such circumstances that none of the contracting parties could not have foreseen, and the occurrence of which is not counted in the recorded level of risk.
- further unquestioning fulfillment of contractual items inflicted severe damage to all parties to the agreement and, therefore, is inappropriate.This potential damage is assessed as a significant loss for the company.
conclusion, modification and termination of the contract - a procedure that has a specific order and manufacturing according to certain rules.The fact of the consent to the change of some items or termination of the contract shall take the form of a contract.In the case of the resistance of one of the parties requires a court decision.
