The procedure for concluding, changing and terminating contracts is governed by the Civil Code of the Russian Federation. As a general rule, the parties are obliged to fulfill the obligations assumed under the contract. However, the law provides for several cases when a change in the terms of the contract is possible.
Instructions
Step 1
Firstly, the change of the contract is possible by mutual agreement of the parties. If all parties to the agreement agree with the amendment, they only need to conclude an agreement to amend the agreement. Such an agreement must be concluded in the same form as the contract itself.
Russian legislation provides for the conclusion of an agreement in oral and written forms. The written form is subdivided into a simple written form and a written form with subsequent notarization. Currently, compulsory notarization is provided by law for certain types of pledge agreements and assignment of rights of claim. The rest of the contracts are subject to notarization only if the parties agree.
Simple writing should include:
1) contracts of legal entities between themselves and with citizens;
2) contracts of citizens among themselves for an amount exceeding at least ten times the minimum wage established by law, and in cases provided by law - regardless of the amount of the transaction.
All other contracts can be concluded orally.
Thus, in case of mutual agreement, it is enough for the parties to either orally agree on amending the contract, or to conclude an additional agreement to the contract in writing (possibly with subsequent notarization), depending on the form in which the original contract was concluded.
If the contract requires state registration, changes in it must also be registered in the manner prescribed by law (for example, in relation to real estate transactions).
Step 2
Secondly, the change in the contract can occur at the initiative of one of the parties. This is possible if one of the following circumstances exists:
1) in case of a significant violation of the contract by the other party;
2) in case of a significant change in the circumstances from which the parties proceeded when concluding the contract;
3) in other cases provided for by the Civil Code of the Russian Federation, other laws or an agreement.
On the initiative of one of the parties, the contract can be changed only in court. Before filing a statement of claim with the court, the plaintiff is obliged to send the other party to the contract a written proposal to change its terms. In this document, it is necessary to reflect the changes that are proposed to be made to the contract, as well as set a deadline for considering the proposal. If the deadline is not considered, it is assumed that a response should be received within 30 days. If the counterparty under the contract does not agree to change the contract or leaves the proposal unanswered, the plaintiff has the right to file a claim to change the terms of the contract in accordance with Article 452 of the Civil Code of the Russian Federation in court. The statement of claim must be accompanied by a draft of amendments to the contract and proof of sending the proposal to the defendant to amend the contract.
