The denunciation of the contract must take into account the norms and rules of civil circulation. As a rule, if the termination of obligations occurs at the request of one side, then the other opposes it. As a result, the question arises of how to terminate the contract, providing for all possible options for a painless way out of these relations.
Termination of the agreement by the will of both parties
In the event that both parties decide to terminate the contractual relationship, the termination procedure occurs by agreement between them. The form of the document depends on the form of the original contract, that is, if it is signed and agreed by the parties, then the agreement on denunciation should be executed in a similar way. The right to sign such papers are the heads of organizations or their proxies.
Before terminating the contract, the denunciation document must provide the basis for termination (if its procedure is voluntary, the basis will be the will of the parties), as well as the moment of termination of fulfillment of contractual obligations. In the presence of unfulfilled or unfinished obligations, it is necessary to provide for the timing of their closure.
Unilateral denunciation
The grounds applicable to terminate the contract unilaterally may be provided both in the Civil Code of the Russian Federation and in the document itself. First of all, these are overdue fulfillment of obligations, non-payment under the contract, deprivation of the contractor of permits for the affected activities and licenses, as well as repeated violation by the party (or both) of the terms of the contract. Most importantly, there must be good reason for canceling the agreement. Since such termination is not a transaction, it is carried out by going to court in the event that it was not possible to solve the problem in pre-trial order.
Termination of a loan agreement
An ordinary borrower, as a rule, is not very well versed in the legal features of the relationship between the lender and the debtor. That is why most citizens agree to the unlawful conditions of banks when drawing up an agreement. In this case, the question arises of how to terminate the loan agreement.
There must be a reason for this. For example, if a bank does not have the appropriate permission of the Central Bank to implement certain or all types of activities, then such a document is considered illegal and does not have legal force.
An agreement may also be terminated in which the information on the proposed loan product is not fully displayed if such components of the loan as interest, fees, terms, etc. are not clearly defined in the agreement.
The agreement in which the conditions have changed unilaterally without agreement with the debtor is also losing its legitimacy.
In addition, the contract may become invalid due to lack of a bank seal or personal signature of the borrower. No less important is the cancellation of the security agreement. To cancel the agreement, you must apply to the court.
How to terminate a loan agreement? It should be borne in mind that absolutely any such agreement should be concluded only in writing, as otherwise it is difficult to prove the bank’s illegal actions.
Lease Cancellation
Before you terminate the lease, you must familiarize yourself with this procedure before signing all the papers. This will subsequently help to avoid various surprises.
Just like any other civil law agreement, a lease is denounced by agreement of the parties. Conditions can be any.
The grounds for termination at the request of the parties are enshrined in the Civil Code of the Russian Federation. The landlord can cancel the contract ahead of schedule if the tenant uses the property with repeated violations, thereby significantly worsening his condition, or does not comply with the terms of the agreement. When the other party does not pay the rent more than two times in a row during the payment term established by the contract , the lessor can easily solve the problem of how to terminate the contract ahead of schedule. He can also do this due to a property that has not been overhauled within the time period established by the contract.
The tenant also has the right to terminate the contract ahead of schedule. The basis may be the behavior of the lessor, preventing or not providing property for use in accordance with the agreement. In addition, the reason for denunciation is often the lack of property not agreed upon by the lessor, which impedes its full use.
How to terminate the contract yet? For the tenant, the reason for the cancellation of agreements may be the lack of major repairs, which is the responsibility of the owner of the property.
Termination of the contract of sale
How to terminate the contract of sale? When solving this problem, it is necessary to remember that in case of denunciation, the parties do not have the right to demand the return of what was performed by the obligation until the termination of the agreement, unless otherwise provided by the contract or legislation.
Cancellation of an insurance contract
The easiest way to solve this problem is to terminate the agreement by agreement of both parties. But how to terminate the insurance contract and at the same time refuse further cooperation? There are two options here: the insurance company itself refuses due to non-fulfillment by the other party of the clauses of the contract or this is done by a client who uses insurance services, who can denounce the contract only if the insurance was not obligatory, but voluntary. It must be remembered that the amount of contributions paid before the termination of the agreement will not be returned to the citizen. But still, you can write a request for a refund if you decide to terminate the contract before paying all insurance premiums.
Termination of a contract with a bank
Making a loan is not a problem now, but how to terminate a contract with a bank? Despite the complexity and rather large time costs, this can be done, and in two ways.
The best option is denunciation by agreement of the parties. Here, as a rule, there are no special restrictions, but such termination may entail some consequences (compensation for lost profits or losses). In this case, the parties sign a written agreement with the specified amount and terms of payment.
In order to terminate the contract unilaterally, it is necessary to apply to a civil court, since only in this way you can terminate the agreement with the bank. But this happens only in special cases (for example, a bank violates its obligations).
Also, the contract can be canceled at the initiative of the bank. This situation occurs when the client hides information about the quality, loss or reduction of the collateral, violates the procedure for paying off the debt or has already squandered funds for other purposes. Another denunciation may occur if the financial situation of the client has become worse. In cooperation with a legal entity, the reason for termination is reorganization, bankruptcy, liquidation of the enterprise.
How to terminate an employment contract
The basis may be the usual agreement of the parties (the other party must inform in writing about its decision within 3 days). Also the reason for the termination of the contract is the expiration of its validity. The termination of the agreement may occur at the initiative of the employer (he is obliged to notify the employee in writing at least one month in advance) or the employee (he is given the same period of warning).
Denunciation may also occur due to circumstances beyond the control of the parties. This may be, for example, the death of an employee, his draft in the army or the entry into force of a court sentence, a state of incompetence or partial legal capacity, etc.
If a person has moved to an elected position or one of the parties has violated the terms of the contract, cancellation of agreements may also occur. But in any case, the employer must issue an act on the termination of the contract indicating the reason and return to the employee all the documents stored, including the work book.
Termination of the MTPL agreement
There can be many reasons for this, but the termination procedure itself seems complicated and confusing to many. So how to terminate the CTP?
First of all, you must write a statement indicating that denunciation is your desire, as well as attach a passport and an insurance policy to it. Within two weeks, the insurance company is obliged to pay part of the insurance premium in proportion to the number of unused days. From the date of the written application, the contract is considered terminated.
Denunciation of an agreement with Rostelecom
How to terminate the contract? With Rostelecom, this is as simple as in previous cases.
The first thing to do is write a statement to the organization. In it, indicate the reason for termination (non-fulfillment or poor performance of your obligations), by which you, in fact, denounce the agreement unilaterally (indicate the clause of the contract), and also demand the return of the funds remaining in the account.
The application must be written in duplicate, while demanding that the document that remains with you be affixed with a seal and a mark of acceptance. The company must give a written response within two weeks. Here's how to terminate the contract with Rostelecom at the initiative of the client.