The conclusion of a contract is not yet a guarantee of its performance. Any circumstances may arise that will result in the desire of one or another party to terminate a previously signed document unilaterally.
It is necessary
- - contract;
- - the civil code of the Russian Federation.
Instructions
Step 1
Article 450 of the Civil Code of the Russian Federation stipulates that an agreement can be terminated unilaterally only through a court and by a court decision. Out of court termination of the contract without a trial can only be in the event of a unilateral refusal to fulfill the terms of the contract.
Step 2
To terminate the contract unilaterally, send a written notice of your desire to the other party. The notice can be written in free form. But be careful with the wording, because in court they can play a decisive role for you. Make this document in duplicate so that yours will be marked as received. Alternatively, you can mail it.
Step 3
The answer must come to you within the time specified in the contract or in the notification itself. If this date does not appear in any of the documents, then the opponent is given thirty days from the date of receipt of the notification to respond to his decision.
Step 4
If in response you received a refusal or did not receive any response, file a claim in court demanding termination of this agreement. But at the same time, remember that you can only unilaterally terminate the agreement, the conditions of which have not yet been fulfilled. Also, you must clearly formulate the grounds for terminating a specific contract. Moreover, these grounds must be spelled out in the contract itself.
Step 5
You can refuse the contract or fulfill your obligations under it without going to court. If you are a contractor and refuse to fulfill your obligations, you must reimburse the customer for losses. The same scheme works if you are a customer. In any case, you will need to reimburse the opposing party.
