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Art. 450 of the Civil Code of the Russian Federation. Termination of contracts (judicial practice)

According to Art. 450 of the Civil Code of the Russian Federation, amendment and termination of the contract is allowed by agreement of the parties, unless otherwise provided in the Code, other laws or in the agreement itself. This provision applies to general cases.

This norm contains explanations regarding a number of other situations. Consider further Art. 450 of the Civil Code of the Russian Federation (with comments). st 450 gk rf termination of contracts

Arbitrage practice

Termination of the agreement may be initiated by one of the parties. In the second part of the norm 450 of the Civil Code of the Russian Federation, the grounds for amending or terminating the contract are reduced to two cases:

  1. Significant violation by one party of the original conditions.
  2. Other cases established in the Federal Law, the code or the contract itself.

In these situations, the termination of the agreement is made by decision of the court. Such a violation of the conditions will be significant, as a result of which damage of the kind arises that the party to which it was caused is deprived to a large extent of what it could count on when signing the document. Article 450 of the Civil Code of the Russian Federation with comments

Additionally

Article 450 of the Civil Code of the Russian Federation (“Modification and termination of contracts”) provides certain opportunities for entities that have entered into a multilateral agreement. In particular, the termination of its validity is possible both with the consent of the majority and all persons involved in the transaction. This moment, as a rule, is recorded directly in the text of the document. This provision does not apply to procedures defined by law. In the cases stipulated by Article 450 of the Civil Code of the Russian Federation, the grounds for amending and terminating the contract with changes in the procedure, terms of settlements and other conditions should be used by the initiator in good faith and reasonably. The actions of a subject who is granted the right to terminate unilateral cooperation must comply with the requirements of the law. Article 450 of the Civil Code of the Russian Federation, amendment and termination of the contract

Article 450 of the Civil Code of the Russian Federation "Termination of Contracts" (with commentary)

In the considered norm, only three cases are established in which termination of the agreement or adjustment of its initial conditions is allowed. The grounds for termination / amendment of the contract include:

  1. Consent of the parties.
  2. A court decision made at the request of one of the participants.
  3. Refusal to fulfill the agreement by one of the participants.

The first basis is considered to be common to all cases. The last two apply when the parties could not reach consensus. The legislator intentionally introduces a limitation in Art. 450 of the Civil Code of the Russian Federation. Termination of contracts, therefore, is carried out only in specified cases. This ensures the stability of the terms of the agreement in accordance with the conditions specified in it at the time of conclusion. As a result, the sustainability of civilian turnover increases.  Article 450 of the Civil Code of the Russian Federation, amendment and termination of contracts

Participant Consent

It is given in the first paragraph of Art. 450 of the Civil Code of the Russian Federation. Termination of contracts, as well as their adjustment, are not prohibited by law. However, for the production of such actions, the consent of the parties that concluded it is necessary. Otherwise, there will be a violation of the rights and infringement of the interests of any participant. According to Art. 450 of the Civil Code of the Russian Federation, termination of contracts is allowed at the will of the parties and in the absence of claims. The same rule applies to the adjustment of the conditions specified therein. As noted by a number of authors, the receipt by the parties of such wide opportunities to determine the fate of the agreement appears as one of the direct expressions of contractual freedom. That is, those entities that may, of their own free will, enter into transactions, may similarly terminate cooperation.

Limitations

According to Art. 450 of the Civil Code of the Russian Federation, termination of contracts takes place exclusively in the manner specified in the document itself or the law. In the second paragraph 422 of the norms of the code, if, after the conclusion of the agreement, an act is passed establishing other conditions than those that were in effect at the time of signing, the latter remain valid. An exception is cases when the approved law stipulates that its force extends to relations arising from previously concluded agreements. This rule is also aimed at ensuring the stable operation of contracts signed according to pre-existing standards. Such agreements are not subject to revision, if such a need is not established in the new legal act. Article 450 of the Civil Code of the Russian Federation Termination of contracts with comments

Special order

According to Art. 450 of the Civil Code of the Russian Federation, termination of contracts may be carried out without the consent of any of the parties. In this case, a special procedure is provided. If agreement between the parties is not reached, the participant interested in the termination of cooperation has the right to appeal to the court. At the same time, an appropriate application can be submitted only in limited cases. The first of these is a significant violation of the original conditions. The action of the guilty party in this case should entail significant harm to the other party to the relationship. The weight of the damage must be confirmed by the fact that the victim loses what he had counted on when concluding the transaction.

Types of Violations

Suppose the parties entered into a contract for the supply of goods. If the buyer finds irreparable defects, deficiencies that cannot be corrected without disproportionate costs (both time and money), or reveals them more than once, then he has the right to go to court, since these actions violate the terms of the transaction. At the same time, the acquirer may demand a refund of the funds paid by him for the supply of low-quality products or replacement with the appropriate product. The buyer can violate the terms of the agreement. For example, he may not pay for the delivery on time, repeatedly not choose the volume of production provided for in the agreement. The party that goes to court must prove the existence of material violations. At the same time, the requirements on termination of the agreement are not subject to satisfaction if the violations were eliminated within a reasonable time. 450 Civil Code of the Russian Federation grounds for amendment and termination of the contract

Other cases

You can also apply to the court if the conditions for termination are established in the document itself or in the law. For example, in part 4 of Art. 83 Housing Code, the landlord can write a request to terminate the agreement social. hiring at:

  1. Failure by the tenant to pay utility bills or premises for more than six months.
  2. Destruction or damage to the leased property by a resident citizen or other persons for whose conduct he is responsible.
  3. Systematic infringement of the interests of neighbors, as a result of which joint stay in the same room is impossible.
  4. Misuse of the property.

Single sided failure

It is allowed only if permitted by law or prescribed in the contract itself. The agreement may establish the ability to refuse to fulfill the conditions in whole or in part. In this situation, it is not a question of the possibility of one of the participants presenting demands for revising or terminating the contract. In this case, there is a direct refusal to fulfill certain provisions of the agreement. Its presentation entails either the termination of the document or its revision. Accordingly, if one of the parties does not agree with such a refusal, then it has the right to resolve the conflict in court. Article 450 of the Civil Code of the Russian Federation, grounds for amending and terminating the contract as amended

Important point

If the parties decide to fix the possibility of unilateral refusal in the contract, then the procedure and conditions for its presentation should be clear and precise, there should be no ambiguity. In this norm, this issue is not regulated. Art.450 Civil Code does not contain any criteria by which the time of the entry into force of such a refusal is determined, the time period for notifying the parties of its commission. Accordingly, all these provisions are written directly in the text of the agreement. In practice, unilateral refusal is not provided for in contracts.


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