Unsolvable problems may arise between participants in a contractual relationship. At the conclusion of the agreement, the conditions for its termination are prescribed in the text. If a situation has arisen when the only way out is to terminate the contract, the parties should turn to them. In this case, it is important that the interests of both participants are respected.
Features of the procedure
The process of termination of the contract should be based on the relevant clauses as a competent instruction. It happens, however, that the conditions of the agreement do not spell out the situation that has arisen and the procedure for resolving it. In this case, the parties should jointly work out the grounds according to which the contract will be terminated.
Once participants reach consensus, they draw up an agreement. This document must be issued in 2 copies. There is no special form for him. However, it contains all the details of the parties without fail, there is a link to the original contract, the reason and procedure for termination are stated. The agreement must be signed and sealed by both parties.
Notification
There are situations when participants cannot meet for discussion, or the termination of the contract occurs on the initiative of one party due to non-fulfillment of its second obligations. In such cases, a notification is sent. A letter of termination of the contract for the provision of services or delivery of goods is written in 2 copies. The first is sent to the other party by registered mail with a notification. The answer to it should come within a month.
The other party may accept the offer and agree to terminate the contract. In this case, the participants need to discuss the conditions of this procedure, draw up an agreement. If the second party did not give consent or did not answer the request at all, you can go to court with your copy of the notice.
Termination letter: sample
There is no officially approved form for such a document. However, there are rules by which a letter of termination is made. A sample document includes:
- Name of the company initiating the procedure, full name of the head, address, form of ownership. This information is indicated in the upper left corner.
- Title of the document. This may be, for example, "Letter of termination of the lease."
The text below provides information about the parties to the transaction, the date it was concluded, its subject. Referring to it, the initiator gives reasons for which he draws up a letter of termination of the contract. The sample document includes a description of the circumstances in accordance with which the procedure was started. At the end of the notice is a number, a signature and a seal.
Violation of conditions
If a violation has occurred, do not immediately go to court. Need to hold pre-trial settlement of the dispute. A letter of termination of the contract, a model of which is presented in the article, should clearly reflect the claims and requirements of the applicant. In addition, it includes a warning about the likelihood of a case being brought to court. Along with this, emotional statements should be avoided. Experts recommend referring to Art. 779 GK.
Claims for a letter of termination of a lease from a tenant
Having received a notice from the initiator of the termination of business relations, the party has the right to disagree with the opinion of another participant. It is advisable to draw up your answer in the same form as the letter of termination of the contract itself.The sample also includes the mandatory details of the author, the name of the document. The content indicates a specific paragraph with which the party does not agree. A claim may be made if:
- termination of the contract is unfounded;
- notice deadlines are violated;
- the letter does not meet the general requirements for the preparation of such documents;
- the interests of the party are not taken into account.
When drawing up a claim, it is advisable to refer to the points of the notification itself. The text should cite paragraphs regarding which disagreement has arisen. If necessary, the conditions of the original contract can be cited as arguments. A claim must also be made in 2 copies. One is sent by mail. In order to avoid possible problems it is necessary to send a registered letter of receipt of delivery.
Conclusion
The termination of the contract must be approached very seriously. It should not be forgotten that transactions involve profit. None of the participants wants to bear the loss. But if a situation has arisen that cannot be resolved within the framework of the agreement, then it is necessary to correctly carry out the procedure for terminating the contract, to write the letter correctly. If, for one reason or another, this did not work out, they will have to defend their rights in court. All documents, letters, claims should be kept in order to present them when considering a dispute.
