How to draw up an agreement to terminate the contract?

If the parties have come to the conclusion that their further actions within the framework of a specific agreement are undesirable or meaningless, then they should abandon their obligations. But this must be done in accordance with applicable law. And it requires for this to conclude an agreement to terminate the contract.

Subtleties of contractual obligations

The basis of any contractual relationship under the Civil Code of Russia is the principle of freedom. According to it, each side is free in its choice. Both parties assume certain obligations, the order of fulfillment of which is clearly stated in the text of the contract. But sometimes a situation happens when one of the parties, for objective reasons, is not able to continue to follow the adopted rules and comply with the agreement. In this case, a certain threat is created for the opposing side, which could result in serious losses for it. To avoid such consequences, it is necessary to draw up an agreement on termination of the contract in a timely manner.

It will prevent a possible conflict and resolve the issue peacefully. Moreover, the benefits of such a decision will be mutual. One of the participants will free itself from performing undesirable duties, and the other will get rid of the need to spend time and money on proving their rights. The termination agreement is a deliberate decision of two, caused by unforeseen circumstances.

Ways to resolve the conflict

The law states that the parties can terminate any contract concluded in only two cases:

1. If one of the two sides violated it.
2. By mutual agreement.

In the first case, the participants will have to understand, studying in detail all the reasons. That is why the second option is always preferable. The result of the mutual desire is precisely the agreement on termination of the contract, in which one of the parties is necessarily the initiator. Usually such a decision is a necessary but necessary measure. This must also be done in order to exclude the possibility of a trial. Of course, the law will resolve any situation. But who needs statements of claim and long hearings? This can only lead to loss of time, money and reputation. It is better to solve everything yourself, specifying all the consequences of the gap. Extraneous intervention will be needed only if one of the parties is categorically against such an agreement.

The essence of the document

In order to draw up a similar document, it is necessary to understand its essence. For example, the two parties first entered into a cooperation agreement, and then it turned out that one of them simply could not fulfill its obligations. As a result, both decided to terminate the existing agreement. The new document will turn out, in fact, very similar to the one that was originally compiled.

Moreover, it must be signed by the same responsible employees or their authorized representatives. A sample cancellation of the contract can be made independently if the following information is consistently stated on paper:

1. Title of the document.
2. Date and place of its compilation.
3. Enumeration of representatives with confirmation of their authority.
4. Main content. It states that both parties have concluded this agreement, and sets out the essence of the agreement:

   - firstly, it was decided to terminate the existing contract with the obligatory indication of its date and number;
   - secondly, the moment (day) from which this agreement enters into force is determined.

5. The document must necessarily be made up in duplicate in order to be at each side.
6. In conclusion, both legal addresses with the signatures of managers and seals are indicated.

Procedure

You can terminate any contract only by observing certain rules. The procedure for termination of the contract must be followed:

1. If one side came to such a decision, then it must first send a letter with a similar proposal to the second participant, detailing all the reasons.
2. The next step should be to draw up an agreement. True, this can only be done with mutual consent. If this is not achieved and the conditions of the original contract are violated, then the second party has the full right to appeal to the court.

To prevent this from happening, the parties are trying to stipulate a similar situation in advance. It is best if this is reflected in one of the clauses of the initial agreement. Then in the agreement it will be possible to rely on him. That is, the parties should foresee all circumstances at the very beginning, not excluding any possibility. Then any emergency or unforeseen situation will not be able to harm anyone.