Almost any contractual obligations can be terminated if certain circumstances arise. The civil law provides effective tools for solving many issues, the termination of contracts is no exception. Contracts can be terminated both at the initiative of one party in court, and at the initiative of government agencies. In addition, there is the possibility of terminating the contract by agreement of the parties.
Instructions
Step 1
Termination of the contract by agreement of the parties is permissible in accordance with Article 450 of the Civil Code of the Russian Federation and provides for a mutual decision of the parties on the need to terminate it. Almost any contract can be terminated by agreement of the parties, with the exception of contracts in favor of third parties.
Step 2
If termination of the contract is permissible according to this principle, and the parties have agreed on the need to terminate the contract, make an appointment with the counterparty and discuss all the details of canceling contractual obligations. Record the agreements reached with documents. The fact is that the termination of the contract is not always free of charge. Most often, there is a need to compensate for the incurred losses and costs of one of the parties. Therefore, you must work out a solution that will satisfy each of the parties and will allow you to cancel the previously signed agreement without conflict.
Step 3
Record the meeting and draw up an agreement on the outcome. In the agreement of the parties, indicate the full details of the contract that is subject to termination, the composition of the participants, the basis for its termination, the expiration date, if there are agreements on compensation for losses - the type of compensation, its amount and terms of payment.
Step 4
In the event that, upon termination of the contract, there is not a mutual settlement, but, for example, a transfer of debt or a delegation, be sure to secure the additional formalized consent of the creditor. Please note that if such consent is not obtained, the termination agreement will be void. Execute the transfer of debt simultaneously with the agreement of the parties and exactly in the form in which the original transaction was concluded (contract, agreement, agreement, obligation, etc.)
Step 5
As a separate paragraph, fix the fact that if the conditions specified in the agreement are fulfilled, the parties will not have mutual claims to each other. It makes sense to add this clause even in cases where the contract is terminated and in connection with the full performance by the parties of their obligations.
Step 6
Prepare the agreement of the parties in duplicate, certify with the seals and signatures of both parties according to the original agreement.
