“If you don't give a word, endure, but if you give it, hold it,” says a popular proverb. In the modern world, it is not morality that obliges us to fulfill the promise, but the law, but the "word" that must be kept is fixed in the agreement. And yet, not every concluded contract is executed, often there is a need to terminate it in order to terminate obligations under it. When terminating the contract, one should be guided by Chapter 29 of the Civil Code of the Russian Federation (hereinafter - the Civil Code of the Russian Federation).
Part 1 of Article 450 of the Civil Code of the Russian Federation provides for the right of the parties under the contract (counterparties) to terminate it by mutual agreement. As a general rule, the agreement to terminate the contract must be made in the same form as the document itself. Civil law knows the following forms of contracts: oral, simple written and written notarial. The same forms will be for the agreement on its termination, respectively. If the contract is concluded not between two, but between several persons, all contractors, without exception, must come to an agreement on its termination.
In the agreement on termination of the contract, the parties have the right to stipulate the moment from which the obligations of the parties are considered terminated. This moment may not coincide in time with the conclusion of the agreement itself, but may be delayed. If such a moment is not specifically specified, then the obligations of the parties terminate at the time of signing an agreement to terminate the contract.
The parties may not always come to a mutual agreement. In practice, the situation is more common when only one of the parties expresses the desire to terminate the contract. In this case, one cannot do without a court (part 2 of article 450 of the Civil Code of the Russian Federation). At the request of one of the parties, the contract may be terminated on the following grounds: (1) in the event of a material violation of the contract by the other party, (2) in other cases stipulated by law or the contract.
Before going to court with a claim, it is necessary to comply with the pre-trial procedure established by law: send the counterparty (or counterparties, if there are several) a proposal to terminate the contract by mutual agreement. This is best done in writing: the court will need visual evidence that this procedure has been followed. In a letter (statement, claim, complaint - the name does not matter), a time limit for a response should be set; if you do not do this, you will have to wait for an answer within 30 days. Sometimes it is established by the contract itself or by law in relation to a particular type of contract.
If the contractor at fault refused to terminate the contract or did not answer at all, you can go to court.
A dispute involving individuals will be considered by a district court of general jurisdiction, with the participation of legal entities and individual entrepreneurs - by an arbitration court. A statement of claim filed with a court of general jurisdiction, and the documents attached to it, must comply with the requirements of 131, 132 of the Civil Procedure Code of the Russian Federation; the requirements for the form and content of the statement of claim filed with the arbitration court and the attached documents are contained in Articles 125, 126 of the Arbitration Procedure Code of the Russian Federation.
If the pre-trial procedure for resolving the dispute has been followed, the statement of claim is drawn up correctly, the plaintiff has provided the necessary evidence, the court decides to terminate the contract. From the moment the court decision enters into legal force, the contract is considered terminated, and the obligations of the parties under it terminate.