Termination of Contracts
Legal services (legal assistance) for representation in disputes on termination of the contract
As a general rule, termination of the contract is possible by agreement of the parties. Also, termination of the contract is possible at the initiative of one of the parties in case of a material breach of the contract by the other party.
Violation of the contract by one of the parties is recognized as essential, which entails such damage for the other party that it is largely deprived of what it was entitled to count on when concluding the contract.
The main legal act regulating the peculiarities of terminating contracts is the Civil Code of the Russian Federation, according to which the party, which is granted the right to withdraw from the contract (execution of the contract), must, in exercising this right, act in good faith and reasonably within the limits provided for by the Civil Code of the Russian Federation, others laws, other legal acts or agreements.
In order to avoid additional disagreements between the parties, it is important to indicate in the contract the conditions for its termination, as well as the refusal to execute the contract unilaterally, specifying possible violations of the terms of the contract, entailing grounds for terminating the contract.
Disputes on termination of contracts
Disputes involving individuals, not related to their entrepreneurial activities, are subject to consideration in courts of general jurisdiction. Disputes on termination of contracts with the participation of individual entrepreneurs and legal entities are considered in arbitration courts.
Before going to court within the framework of this category of disputes, it is necessary to follow the pre-trial procedure for their settlement by sending a corresponding claim to the counterparty.
Disputes are considered by the courts in the order of action proceedings.