Our life is so fleeting and changeable, that virtually nothing is permanent does not happen.At the same time it does not matter whether it concerns everyday life and work of a company.If we talk about the companies, then they can be seen most clearly how everything is ambiguous.
As a result of their activities any company or organization is faced with contractual relations.However, they may like to conclude contracts and terminate them.Often referring to the particular circumstances, there is a cancellation of the contract unilaterally.In practice, this type of termination is the most common.
Accordingly, in itself, termination or amendment of the contract must be based on the rules and regulations stipulated by the legislation.In Art.452 of the Civil Code (claim 1) spelled out the main points of the termination or modification of the contract.However, in this article spelled out the rules that apply only when the contract is terminated by agreement of both parties.In that case, when there is a termination of the agreement unilaterally, subject to other standards and requirements.
As a rule, the termination procedure shall begin with the proposal by one party to terminate or modify the contract to another party.In practice, interested in the dissolution of the party must send the other party with which the contract was concluded, terminate or modify existing agreements.In turn, the other party is obliged, within the statutory period (or stipulated in the contract), to respond to the offer.This type of termination can also be noted, as the termination of the agreement unilaterally, but with the condition that the other party agrees to set conditions.
In the case where to achieve a peaceful way to address this issue is not possible, the interested party may apply to the court.However, according to st.452 Civil Code (paragraph 2), the requirement may be considered in court, only when one of the parties does not agree with a proposal to amend or terminate the contract.
But even if all the requirements and standards are met, it is worth noting that you can only terminate the treaty obligations which have not been fulfilled.The reason is that the performance conditions of the contract properly, stop operation of the treaty in accordance with Art.408 of the Civil Code.Accordingly, the termination of the contract unilaterally can not be executed due to lack of agreement.
Given that change in the conditions of the contract or termination thereof may be carried out only by agreement of both sides, the highlight in this case is to reach this agreement in any manner provided by law.
These requirements apply to any kind of treaties and agreements, including the agreement to supply.In this case, the termination of a contract to supply regulated by Art.523 of the Civil Code.In accordance with this Article, terminate the contract unilaterally is possible in the case when one of the parties violated the agreement.One of the reasons for termination of the contract of supply may be delivery of goods, which has inadequate quality, and on condition that the deficiencies can not be eliminated.If we talk about the responsibilities of the buyer, in this case, can be considered a violation of repeated violations regarding the timing of payment of the goods.When
advance settlement system at the conclusion of contracts, problems may arise when the future termination.Refund when terminating a contract is carried out when the Contractor does not hold absolutely nothing but the advance has been received.Moreover, if some part of the work is still carried out and its value exceeds the amount of the advance payment, the Contractor is entitled to demand payment of the costs.
