Currently, in civil law, one of the most pressing topics is the problem of unilateral termination of contracts. The legislation establishes a specific procedure for terminating the agreement. Let's consider it in detail.
Differentiation of terms
Unilateral termination of the agreement should be distinguished from failure to fulfill obligations. These concepts have a different legal basis and are regulated by various norms. Unilateral waiver of the obligation may take place in the field of entrepreneurship. Often, agreements explicitly establish such an opportunity in certain circumstances. For example, the counterparty has the right to refuse obligations if the second party to the transaction has not fulfilled the agreed conditions. If there is no such mention in the agreement, then such a situation is allowed only in cases stipulated by law. With regard to the termination of the contract, it is also carried out only in accordance with the regulations or the agreement. In particular, pre-trial and judicial procedures are provided. Moreover, in the second case, even when the decision enters into force, the participant in the legal relationship may require the second party to fulfill the obligation.
Grounds
There are only three of them. Termination of the contract is allowed if:
- This option for termination of legal relations is provided for in the legislation in relation to a specific transaction.
- The circumstances under which the agreement was significantly changed. In this case, we are talking about situations where subjects could not predict any changes. And they, in turn, are such that if the parties to the transaction knew about them in advance, they would not have signed the agreement.
- Significant breach of contract by one of the parties. In this case, the legislator means cases when one of the parties to the transaction may suffer such losses that may lose what he planned to receive.
These grounds are considered general and apply to all types of agreements. Moreover, the rules of the Civil Code may provide for special conditions for certain types of transactions, upon the occurrence of which unilateral termination of contracts is allowed.
Change of circumstances
When concluding a transaction, each participant seeks to maximize profits and, if possible, minimize risks. This behavior is quite acceptable for entrepreneurs. However, there are situations when entities, having concluded an agreement, find themselves in conditions under which they can not only not receive income, but also incur losses. In such cases, certain steps must be taken. The situation may be complicated by the fact that one of the parties does not express a desire to terminate the relationship. In this case, you will have to write a statement of claim to terminate the contract in court. Satisfying requirements will depend on many circumstances. Consider an example. The parties entered into a long-term lease agreement. At the same time, the conditions established a fixed payment, and there were no options for changing its size. This situation was beneficial to the user. He insured himself against probable price increases and inflation. However, a financial crisis has occurred, and the owner indicates that the payment was negligible, and requires the second party to conclude an agreement to increase its size. The user, accordingly, does not want to make changes to the transaction. The owner goes to court. However , the authority does not satisfy the application for termination of the lease . In its decision, the court motivates this by the fact that the participants in the legal relationship, having prescribed an imperative condition for fixed payment, thus accepted responsibility for possible changes in circumstances in the future.
Explanations
From the above example, we can conclude that the rule of the Civil Code governing the termination of the contract does not apply in practice. Meanwhile, it is necessary to clarify that the provisions of the law are applicable when 4 conditions are met simultaneously. Only in this case can we hope that the application for termination of the contract will be satisfied. It is allowed if:
- At the time of the transaction, the participants were sure that the situation would not change dramatically.
- Circumstances that became the basis for the termination of legal relations arose regardless of the will of the party.
- It does not follow from the customs of the turnover and the text of the agreement that the participant may be held responsible for changing circumstances.
- Subsequent implementation of the terms of the transaction without adjusting them will be unprofitable.
Notification
As mentioned above, there are two options for ending legal relations: pre-trial and judicial. In the first case, it is necessary to draw up a notice that is sent to the second party to the transaction. It should state its position in a free and understandable form. The notice must also include a proposal to conclude an agreement on termination of the main contract. When preparing a document, the following requirement must be taken into account. The agreement is drawn up in the same form as the contract. In the notification, you can set a deadline for processing and sending a response. He must be reasonable. Typically, the period is 30 days.
Sample application for termination of the contract
If a notification is not received within the specified time period or the second party to the transaction refuses to conclude an agreement, the interested party is entitled to apply to the court. The application for termination of the contract is executed in accordance with the requirements of Art. 131, 132 GIC. If the termination of legal relations occurs between legal entities and individual entrepreneurs, then you should use the rules of the agro-industrial complex (Articles 125 and 126). The Federal Law "On Protection of Consumer Rights" also contains the rules in accordance with which a statement is drawn up . The termination of the contract of services , the acquisition of goods that do not meet the quality requirements, is carried out in accordance with this law. However, in any case, the appeal to the court must contain the required details. For example, a statement of termination of a contract of sale includes:
- The address of the court to which the appeal is sent.
- Information about the plaintiff. If he is a citizen, his full name, address, contact information are indicated. If a legal entity acts as it, its name, location, telephone number is given.
- Document's name.
- Content.
- The requesting part.
- Enumeration of applications.
- Date, signature.
Content
The application for termination of the contract should clearly express the position of the person concerned. It is recommended to start with a brief description of the circumstances in which the legal relationship arose. Next, the reasons should be given, in accordance with which it became necessary to draw up a statement. Termination of a contract by a bank , for example, may occur as a result of a violation by a second party of the agreed conditions. When drafting a document, it is necessary to adhere to an official business tone, refer to the rule of law.
Additionally
The petition should express the requirement - to terminate the contract. After this is a list of documents attached to the appeal. For example, an application for termination of an insurance contract is filed with the main agreement, settlement and other securities, which can serve as evidence.
Legal implications
If the application for termination of the contract is satisfied, then the disputed legal relationship will be considered completed from the moment the decision comes into force. If a pre-trial procedure has been used, the transaction is considered terminated from the date of signing the agreement. Meanwhile, the parties need to consider a number of legal consequences of the process. First of all, if under the terms of the contract it was provided for the transfer of ownership of an object, and in response the fulfillment of an obligation was established, then upon its termination the thing is subject to return. If this is not done, then the actions of the parties will be regarded as unjustified enrichment. In addition, the rules in accordance with which the penalty, interest and other payments are calculated will be valid until the obligation is fulfilled.
Conclusion
Not always contractual relations between subjects proceed without complications. In practice, various situations and circumstances may arise, including those that are independent of the will of the participants. The legislation provides for parties to transactions different options for solving problems. The parties to the legal relationship may mutually terminate the transaction. However, in the case when one of the participants does not express a desire to do this, the rules allow unilateral termination of the agreement. The various nuances of this procedure should be considered. Features will depend on the specifics of the relationship. General rules are enshrined in the Civil Code. For specific cases, for example, arising in the field of consumer rights protection, special rules and terms are provided. Experts recommend trying to solve the problem peacefully, without bringing the dispute to court. If this does not work out, you need to correctly draw up the termination of the contract. In some cases, it is advisable to seek the help of qualified lawyers. If the person concerned does not have the appropriate means or feels enough strength within himself, you can carry out the entire procedure yourself. However, in this case, it is necessary to study the rules governing these relations. Particular attention should be paid to the provisions determining the legal consequences of terminating the contract.