In judicial practice, such a way of settling disputes between the subjects of legal relations, as an amicable agreement, is widespread. This is an important instrument of justice that allows the parties to the dispute to quickly come to an agreement on certain issues.
Conclusion of an amicable agreement
An amicable agreement is an agreement in accordance with which the parties terminate the arisen dispute or eliminate other uncertainties in their legal relations on mutual grants (concessions). When concluding an amicable agreement in the course of court proceedings, it is approved by the court. From the moment of approval of this agreement, the proceedings on the current case are terminated.
The conclusion of an amicable deal leads to the elimination of the previous rights and obligations of the parties, and the conditions specified in the concluded agreement come into force. Thus, the settlement agreement is a combination of innovation, compensation and installments.
The settlement agreement is concluded in writing and is confirmed by the signatures of the parties or their representatives having the appropriate powers, which are indicated in the power of attorney or other supporting document. The agreement must contain information agreed by both parties on the conditions, on the timing of performance and on the amount of obligations of one subject of legal relations to another. In this case, the settlement agreement may contain the terms of a deferral or installment plan for the defendant's fulfillment of his obligations, assignment of rights of claim, full or partial forgiveness or recognition of debt, distribution of court costs, as well as other conditions that do not contradict federal law.
Execution of the settlement agreement
In the absence of conditions for the distribution of court costs in the amicable agreement, this issue shall be resolved by the arbitration court, approving the amicable deal in the general legislative order. The agreement of the agreement is drawn up and signed in an amount of at least two copies for each of the parties. One copy is attached to the case file by the arbitration court, which approved the settlement agreement.
The ruling on the approval of the peace may be appealed to the arbitration court of the cassation instance within 30 days from the date of its adoption. If the parties who have entered into an amicable agreement do not have claims to each other, they immediately begin to fulfill the obligations provided for in the contract. An agreement that has not been voluntarily executed is subject to compulsory execution in accordance with Section VII of the Arbitration Procedure Code of the Russian Federation on the basis of a writ of execution, which is issued by the court at the request of the person who entered into the amicable agreement.
