Any contract concluded can subsequently be changed or terminated altogether. This completely legal right is used by the parties to resolve emerging conflict situations. But in order not to create even more problems, you need to have a clear idea of how to make amendments to the contract.
Process algorithm
As soon as the two parties come to an agreement on any issue, they immediately conclude a corresponding agreement on this. In accordance with it, participants undertake some obligations and plan to act in such a way that the actions of each of them bring mutual benefit.
But sometimes one of the parties expresses a desire to correct some points, and for this it is necessary to introduce amendments to the contract. This procedure is not complicated, but it must be performed in a certain sequence. Parties can find out everything in person. If this proves impossible, then it is advisable to observe the following process algorithm:
- The representative of the party who wants to change something is obliged to send a letter to his partner with a notification of his intentions. It must first clarify what kind of contract is involved. Then you need to list the reasons that gave rise to such actions. And after that, state your version of the points of interest.
- The second party is obliged to consider the new proposal and respond within the prescribed time. It is better to do this in writing too.
- After that, the contract is amended by drawing up the relevant agreement.
If the other side is not satisfied with the proposed option, then it can express its thoughts on this matter.
Possible results
Partners do not always manage to come to a consensus. Sometimes one of them needs to make some concessions. There are only two ways out of this situation:
1. If one of the parties does not agree to continue cooperation on new conditions, then amending the contract loses relevance.
2. The parties agree among themselves and, having signed an additional agreement, make an amendment to a previously concluded agreement. After that, their relationship continues until the subject of the contract is completed in a timely manner.
Changes can be recorded as follows:
- adjustment of certain conditions;
- cancellation or replacement of individual clauses of preliminary agreement;
- extension of the original deadline.
The new agreement must include the phrase that all changes are made by mutual agreement of the parties. It must also be signed by representatives of both participants and certified by the seals of enterprises.
Change in rental agreement
Each type of activity has its own characteristics. For example, changes to a lease are made for several main reasons. Among them are:
- rent;
- terms of the contract.
First you need to remember that you can unilaterally cancel an agreement or change something. This is enshrined in article 310 of the Civil Code of the Russian Federation. All issues must be resolved by mutual agreement (article 450, paragraph 1 of the Civil Code of the Russian Federation). So that subsequently there are no unnecessary disagreements and misunderstandings, initially it is necessary to carefully consider all the circumstances of the original agreement.
If it comes to rent, then, as a rule, over time, questions arise about its increase. There are two options here:
one.When concluding an agreement, a separate clause may stipulate in advance the possibility of changing the established price not more often, for example, once a year in case certain circumstances are present (inflation or price increases). This will exclude the possibility for the other party to express their displeasure.
2. The parties agree to make rental changes by agreement of the parties.
The timing is more or less clear. Desiring to continue cooperation, the tenant may send a letter to the lessor with a similar proposal. Having obtained consent, he can continue his activities. Otherwise, the contract will be terminated on the original terms. In the event that the parties have not reached an agreement, one of them may sue the other to resolve the dispute.
Subtleties of the service sector
Features of the contracts, the subject of which is the provision of various types of services, consist in the fact that none of the parties produces anything tangible that could be evaluated or measured.
Therefore, to terminate such a relationship is possible only for two reasons:
1. In case of violation of the contract by one of the parties.
2. The need for the service provided has ceased to exist.
This results in the fact that it is necessary to amend or terminate the contract for the provision of services. The choice is made by the parties, having previously stipulated all circumstances. In the service sector, the main factors are tariffs or prices. The contractor may, over time, express a desire to increase them. But in the end, everything is decided by the customer. He must decide whether it will be profitable to continue such cooperation without reducing the previous volumes. After all, this may affect his budget and lead to excessive costs. In the case when the service is of poor quality, the customer may demand to reduce the total costs, and in case of refusal by the contractor - to terminate the contract.
