The contract is an official document regulating the relations between the two parties. It can be compiled in different situations, for example, in the provision of services, the sale of goods, donation of real estate or when performing other actions. But any agreement at a certain point in time ends, which leads to the termination of the contract. The process can be carried out on the basis of the expiration of the agreement, as well as in case of its early termination by one of the parties.
Contract termination methods
Termination of contractual relations can be carried out in several ways:
- expiration of the agreement;
- unilateral termination by a party for various reasons;
- refusal to fulfill obligations by the participant;
- formation of an agreement on the basis of which relations between the two parties are terminated ahead of schedule.
Each situation has its own characteristics and nuances.
Grounds for termination of cooperation
Early termination of the contract is required in different situations. Most often, the following reasons are used for this:
- an event occurs in which the contract loses its legal force;
- one of the participants refuses to fulfill the requirements prescribed by the agreement;
- the terms of the transaction are violated, which automatically leads to the termination of the agreement, and the violator may be brought to administrative responsibility;
- the emergence of various circumstances, due to which further cooperation is impossible, therefore, the process does not depend on the will and desires of the parties.
In different situations, different termination rules are used. Most often, the parties manage to come to a compromise, so they will resolve the problems in a pre-trial way. The reasons for termination of the contract may be different, so they must be studied by the court, if one participant prefers to go to court.
Expiration date
Most often, when drawing up a contract, it is indicated how long it lasts. If the period exceeds one year, then such relations are registered in the Federal Register. If the document does not contain information about the validity period, then usually it can be applied within one year or until the moment when the parties do not achieve their goals.
This is the way to end the contractual relationship is considered the most popular and convenient. After the expiration of the agreement, the contract is terminated, so the parties may not fulfill the obligations under this document. But even at the end of the validity period of the document , the participants are not exempted from liability for violation of the conditions.
Refusal to fulfill obligations
If one of the participants refuses to perform the actions stipulated by the agreement, then he violates its main points. For such actions, usually various fines and penalties are charged, and the contract loses its legal force.
If one party, after violation of the terms of the contract, requires termination of the contract, the process may be carried out on the basis of pre-trial settlement or through judicial proceedings.
Early termination methods
If for any reason it is required to terminate the cooperation ahead of schedule, this process can be carried out by various methods. Therefore, early termination of the contract is carried out in the following ways:
- extrajudicial, in which usually the nuances of termination of cooperation are provided for by the main points of the contract;
- pre-trial, suggesting that one party to the transaction sends the other party a pre-trial claim or proposal to draw up an agreement of the parties;
- judicial, consisting in going to court, as one side refuses to terminate the relationship voluntarily.
If one party wishes to terminate the contract on its own initiative, then it must send the second party an initial special notice. If this step is not completed, the court will not accept the lawsuit, since there is no evidence of an attempt to resolve the differences by the pre-trial method. It does not matter what are the grounds for terminating the contract.
Features of the pre-trial process
Most often, the parties prefer to terminate the relationship in a pre-trial manner. To do this, one participant performs the following actions:
- a special notice is made on termination of the contract unilaterally;
- it is formed in an arbitrary form, and it is imperative that it includes reasons on the basis of which cooperation ceases;
- a document is sent to the legal address of the company or to the address of the individual;
- the answer is given within 30 days, and if it is missing, you will have to go to court;
- the sender must have confirmation of delivery of the notice, which is evidence of an attempt to resolve the dispute in a pre-trial way;
- if the counterparty agrees to terminate the relationship, an agreement of the parties is drawn up and applied to the direct contract.
In some cases, a new agreement will have to be registered with government agencies.
Rules for writing a notice
If you want to terminate the cooperation in a peaceful way, it is important to understand how to properly draw up a notice of termination of the contract unilaterally. It acts as the basis for terminating the relationship. The following information must be included in it:
- Title of the document;
- information about two parties;
- reason for termination of the contract;
- company details and their legal addresses;
- personal accounts of firms and their TIN;
- contact details of the parties;
- number of agreement to be terminated.
If the termination of cooperation is due to the fact that any participant violates the requirements and conditions of the contract, then this fact will certainly be recorded in the notification. If the recipient does not agree with the presented facts, the procedure will have to be carried out in court.
Rules for going to court
According to the Civil Code of the Russian Federation, termination of the contract in court is carried out only if there is evidence that the parties made attempts to terminate the cooperation in a pre-trial manner. You should go to court under the following conditions:
- the party that sent the notice was denied termination of the contract;
- there is evidence that one participant violated the essential terms of the agreement, which led to the appearance of damage to another company;
- There is no response to the notification.
To go to court, you will have to pay a state fee equal to 300 rubles if there is a standard contract that does not imply the need for real estate valuation. The plaintiff may file a claim at his place of residence.
The nuances of filing a lawsuit
The judicial termination of the contract is used provided that the parties cannot resolve the differences in a peaceful manner. The plaintiff may be any party to the agreement. For this, the following documents are submitted to the court:
- a statement of claim to terminate the contract containing information about the parties and the reason for the termination of cooperation;
- applicant's passport;
- copy of the agreement to be terminated;
- evidence indicating that one participant actually violated the basic terms of this contract;
- confirmation that one side tried to terminate the relationship in a peaceful way, for which different letters or copies of notifications are attached;
- title documents for different objects, if they relate to cooperation between two parties;
- state duty receipt.
Other documents may be required, since the main features of the existing contract and the nuances of cooperation are taken into account.
Rules for making a claim
According to the Civil Code of the Russian Federation, termination of the contract in court is considered a complex process. This is due to the fact that often the court takes the side of not only the plaintiff, but also the defendant. Therefore, it is important to correctly approach the preparation of the claim and the preparation of additional documentation for the application.
The following information must be entered into the lawsuit:
- name of the court where the application is transmitted;
- information on the parties to the transaction;
- grounds for termination of the contract, for which violations committed by the other party are registered;
- number and date of the contract;
- claims submitted by the need to terminate the contract;
- list of documents attached to the claim.
Based on these documents, a trial date is set. It takes into account the circumstances and evidence of both parties. The procedure for terminating a contract through a court is considered to be complicated, since it is often necessary for a judge to make several decisions. Often claims are not satisfied, so the parties then have to fulfill the requirements of the agreement.
Consequences of termination of the contract
Termination of cooperation ahead of schedule leads to different consequences for both participants. These include:
- return of real estate, cash or various other items;
- payment of the penalty by one party;
- termination of services or work;
- reimbursement of costs of litigation.
Even if the plaintiff has serious grounds for terminating cooperation, the court does not always stand on his side. It is often recognized after the court that the terms of the contract are partially fulfilled.
The nuances of termination of various contracts
The procedure for termination of the contract depends on the features and type of agreement. The main types of contracts include:
- the lease agreement is terminated in the event of a deficiency in the premises by the tenant, in the absence of rental payments or failure to fulfill capital repair obligations;
- the contract for the provision of services is terminated taking into account certain property consequences, since an advance payment is usually required, but the expenses incurred are taken into account;
- the assignment contract is used in various fields, therefore it is not always associated with credit, and the rules for its termination are regulated by the provisions of Art. 382 Civil Code;
- the agency contract is terminated on the basis of Art. 1010 Civil Code, for which a corresponding notice is drawn up;
- a loan contract can be terminated by either party under certain conditions, and for the borrower the requirements of Art. 821 Civil Code.
Most often, the parties prefer to carry out the process in a peaceful manner, therefore a settlement agreement is often drawn up. It spells out the reasons for the termination of cooperation, as well as the consequences for each side. But if any participant wishes to receive compensation not provided for by the contract, then usually such issues are resolved through the court.
Conclusion
Any contract can be terminated in various ways. In the presence of various violations, relations by one party usually end, for which a notification is sent to the other party to the transaction. If it is impossible to find a compromise, then a lawsuit is drawn up in court instead of a settlement.
Upon termination of the contract, each party is faced with certain consequences of this process. The court does not always satisfy the claims; therefore, the opinion of each participant is taken into account at the meeting.