The contract, for various reasons, does not have the prospect of being fulfilled in full, may be terminated at any time of its validity. And each of the parties to the agreement can initiate a break in contractual relations. The process of terminating or amending the terms of the agreement is governed by the current legislation of the Russian Federation.
Instructions
Step 1
First of all, you should know that, according to article 450 of the Civil Code of the Russian Federation, the contract can be terminated by agreement of the parties or in case of a significant violation of the terms of the agreement by one of the partners in the court decision. And, of course, the priority in resolving such a situation is precisely the peaceful resolution of the issue, which simplifies the termination procedure and excludes the possibility of lengthy and costly litigation. Thus, based on the circumstances, determine the most convenient plan of action for you and proceed with its implementation.
Step 2
Having chosen the option of terminating the contract by agreement of the parties, contact the person with whom the contract was concluded with a proposal to end this relationship without conflict. Give reasons for your position and point out the advantages of such a solution for each of the parties. This option makes it possible to save time, money and keep the relationship for the future. Having received the consent of the counterparty, proceed with the execution of the accepted agreement, following the instructions of the Civil Code of the Russian Federation. According to clause 1 of article 452, the termination of the contract must be formalized in the same way as its conclusion. That is, a notarized contract must be terminated at a notary office, and a written contract must be terminated in a simple written form.
Step 3
If your partner does not want to terminate the contract, use the right to unilaterally refuse to execute it. In this case, send your opponent a notice of your decision. Send the notification by registered delivery. Keep the receipts for presentation to the court as evidence of attempts at pre-trial settlement of the dispute. In the absence of such, the court may not accept the case for consideration.
Step 4
If you receive a refusal from your partner, or if there is no response, after waiting for the expiration of the period specified by you in the notification, go to court. To do this, you need to prepare a statement of claim, documents confirming a significant violation of the terms of the contract, a copy of the notification, postal receipts for its delivery to the counterparty and payment of the state duty. Submit the package of documents to the court for consideration.
