How To Terminate An Open-ended Contract

Table of contents:

How To Terminate An Open-ended Contract
How To Terminate An Open-ended Contract

Video: How To Terminate An Open-ended Contract

Video: How To Terminate An Open-ended Contract
Video: How to Terminate a Contract? 2024, April
Anonim

Contracts for the regulation of any transactions, which can be called both employment and the provision of any services, are usually divided into two types: urgent and unlimited. And it is this point that is of great practical importance in jurisprudence. Indeed, depending on what form of the contract was used when signing, it also depends on how it can be terminated. The main problems with the termination of these documents arise when it is necessary to terminate an open-ended contract.

How to terminate an open-ended contract
How to terminate an open-ended contract

Instructions

Step 1

If you are going to terminate an open-ended contract, remember that you cannot terminate it. After all, it is not for nothing that it is called indefinite. According to article 699 of the Civil Code of the Russian Federation, you can only withdraw from your agreement.

Step 2

You need to insure yourself in advance - even when signing the document: include a clause in it indicating the period for which the parties can notify each other of the termination of the perpetual contract. As a rule, it fluctuates within one month.

Step 3

In order to send a notice, you need to draw up the appropriate paper in writing. Be sure to sign it. Then you can use the services of regular mail. Send your notification by email notification. The date when the addressee receives your message and signs it, and will be the one from which you need to count down.

Step 4

You can send your notification by courier. The main thing is that the party with whom you have entered into an open-ended contract sign under the fact that it is aware of the termination of this document.

Step 5

However, if your agreement states that it is impossible to terminate it voluntarily on the initiative of one of the parties, then you can go to court on this issue. For example, in the case of improper performance by the other party of its obligations under the contract. To do this, you need to collect evidence confirming the failure to comply with certain clauses of the contract, find suitable witnesses and draw up a competent statement of claim.

Step 6

In court, you can terminate an open-ended contract even unilaterally. For example, if the other party did not appear at the meeting. In this case, a copy of the minutes of the court session will be sent to the second party by mail.

Step 7

Alternatively, you can terminate an open-ended contract by agreement of the parties. To do this, you need to agree with your opponent on the most convenient way to end your business relationship. Consider all options. You may be able to offer some compensation as compensation. Or you will agree on further cooperation on other issues. In this case, if the signed agreement does not suit both parties at once, it will be much easier to negotiate.

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