Before filing a claim for termination of the contract in court, you should try to settle the issues with your partner yourself. The Civil Code of the Russian Federation regulates the rules for terminating or changing contracts (Chapter 29). For example, an agreement can be terminated both by mutual agreement (clause 1 of article 450) and unilaterally (clause 2 of article 450).
Instructions
Step 1
The contract may be terminated on the basis of the partner's failure to fulfill its obligations, the unsatisfactory quality of the services (works) provided, the unsatisfactory quality of the purchased goods. In the latter case, the relevant articles of the Federal Law "On Protection of Consumer Rights" must be indicated in the application for termination of the purchase and sale agreement.
Step 2
In the event that the partner evades changing (terminating) the contract and does not respond to your requirements within 30 days, you can write a statement of claim to the court to terminate the contract.
The statement of claim on termination of the contract is drawn up in accordance with the requirements of the Civil Procedure Code of the Russian Federation for individuals, and in accordance with the requirements of the Arbitration Procedure Code of the Russian Federation for legal entities.
Step 3
In the header of the statement of claim, indicate the name of the arbitration court, the exact details of the parties to the plaintiff and the defendant, and the price of the claim.
In the application, correctly and conclusively state the essence of the case, formulate and substantiate your claims, attach the necessary documents.
Step 4
Next, state your requirements based on the material and moral damage caused to you.
At the end of the application, be sure to make an application in which you list all the documents attached to the claim, the calculation of losses.
Step 5
Sign the application, enter the date on which the application was submitted.
A well-written statement of claim leads to a positive court decision, the result of which is the termination of the contract and compensation for losses. However, few Russian citizens have sufficient legal literacy to correctly write a statement of termination of the contract. In this case, it is advisable to contact professional attorneys or lawyers.
