A notice of termination of a contract unilaterally is a document that must be used to notify the other party of the termination of the agreement. Under certain circumstances, such an approach is possible and legal. Depending on the type of agreement, important nuances may arise that require attention. Consider all the nuances of terminating the contract.
What the law says
The basis of any formal agreement is the fact of mutual consent to carry out certain actions. This principle has a legal basis. Termination of the contract can be carried out. This is regulated by articles 451-453 of the Civil Code of the Russian Federation. If we are talking about the procedure for terminating the interaction, then you need to turn to Art. 310 GK. The photo below shows a sample notice that the agreement is canceled.
The termination of the contract unilaterally against the background of this rule (participation of two parties) is an exception and therefore takes place only if there are good reasons. If we are talking about significant violations of the conditions prescribed in the document, the law allows such actions.
What is the difference between the refusal to fulfill obligations from the termination of the contract
The main difference is the official wording and consequences. If one of the parties does not intend to fulfill the obligations and reports in writing, then sanctions will not follow after such a decision.
When a party to the agreement sends a notice of termination of the contract unilaterally, the other party may put forward material requirements. In order to avoid the settlement of controversial issues in court, it is necessary in writing and to detail the procedure itself.
Why a notification is required
Such an official document is used to indicate the conditions and reasons why business relationships are terminated. It is drawn up by the party to the agreement who has decided to terminate the contractual relationship at his own request.
The formal notice itself is one way to terminate the agreement without litigation, but on the condition that these reasons are really good.
Writing a notice of termination of the contract unilaterally is necessary in writing. The answer must be provided by the second party on time, which:
- Defined by contract.
- Established by law.
- Indicated in the notification itself.
If the termination falls under the conditions defined by law, or it is originally provided for by the contract, then the agreement will expire when the time limit for filling out the answer expires.
Reasons for breaking formal agreement
The termination of the contract unilaterally by the Civil Code of the Russian Federation allows for serious violations of the terms of the agreement or in circumstances that were originally agreed. Moreover, the document may contain a clause allowing one of the parties to terminate cooperation without obtaining the consent of the second participant. In this case, there will be no problems with the legality of such actions.
If you focus on the Civil Code, the termination of the contract unilaterally can be defined as a violation if it leads to such losses and losses of the second party, after which the benefits received will be lost.
Another reason for the termination of cooperation that the courts can accept is unexpected circumstances that make the contract pointless or frankly unprofitable.We are talking about events, knowing about which in advance, the parties would not have concluded an agreement.
Such a basis for termination of the contract unilaterally accepted by the court in the following circumstances:
- Expected Stability. The parties did not expect a significant change in circumstances in the future.
- Requirements are not spelled out. The contract does not contain information that in case of a change in circumstances, the parties must bear the risks.
- Unfavorable conditions that cannot be eliminated. One of the parties cannot fulfill its obligations due to circumstances that cannot be neutralized.
- Damage. Subsequent performance of obligations under the contract will bring both parties more losses than benefits.
The described factors are especially relevant in the context of the economic crisis.
How to fill
If we consider an arbitrary form of notice of termination of the contract unilaterally, we can distinguish the following mandatory paragraphs of the document:
- Recipient and sender information.
- The reason the contract is terminated.
- List of attached documents.
- Justification of reasons and additional information.
- Date of compilation and signature of the sender.
In the paragraph where the information is displayed, you must specify the personal data of the sender and recipient. If you have to deal with legal entities, then you need to write down the details.
In the justification of the reasons, it is necessary to indicate all the data on the parties to the contract and their responsibilities. In the same paragraph, it is necessary to describe in detail the grounds for termination, indicate references to the Civil Code of the Russian Federation and the terms of the agreement.
As for the documents, you need to attach any papers that may act as confirmation of the basis for termination of the contract
Rental termination
For the transfer of immovable property for temporary use, an appropriate contract is drawn up. Often the effect of such a document is terminated in court, if the two parties have not come to an agreement.
But it is also possible to terminate the lease unilaterally. The sample in this case differs from the standard version, but slightly.
Any of the parties may touch the agreement, but there must be a basis for this. In the case of a landlord, this may be:
- Violation of the terms of the contract.
- The tenant's refusal to do major repairs, although such an obligation was assigned to him initially.
- No payment for two or more months.
- Deterioration of the property due to the tenant.
At the same time, it is worth using the unilateral termination notice sample. This is important because the lessor can terminate the agreement only after the other party has read the written notice. Against the background of such a condition, a notice must be prepared correctly.
The lessee may terminate the contract if the following reasons exist:
- Hidden flaws. At the conclusion of the transaction, the lessor kept silent about the significant disadvantages of the object, which do not allow full use of it.
- Failure to perform the overhaul obligation. The law places such an obligation on the landlord; he should not shy away from this type of responsibility.
- Unseen circumstances. For various reasons, not even depending on the owner of the object, an apartment, house or other premises may become unusable. In this case, you can break the contract.
- The landlord prevents the use of property. This also includes refusal to transfer the property to the lessee.
Services sector
In this case, an agreement to terminate the contract unilaterally is also acceptable. But there are some nuances. First, the counterparty is sent a notification, after which the issue of prepayment is decided. The Contractor may deduct from the funds received the amount equal to the cost of services provided at the time of receipt of the notice.
Even if the document contains a clause on the non-return of funds, it will not have legal effect after the notification is transmitted. As for the terms of termination of the contract, the customer can perform this action before starting work and during their implementation. But he does not have the right to break the agreement after completing the order.
Supply
When it comes to the delivery of goods, reasons for terminating the contract may be sufficient.
The supplier has the right to terminate the cooperation agreement if the following conditions are met:
- No payment for the goods.
- Additional requirements or conditions of the customer that he submitted after the execution of the contract.
It is important to pay attention to the fact that such circumstances should be repeated 2 times or more.
The buyer may unilaterally terminate the contract if:
- The quality of the goods does not match the declared. Products have flaws that cannot be corrected using affordable methods.
- Delivery times are violated. Often there are situations when the recipient can no longer use the products received (for example, his customers did not wait and broke off the contract with him).
- The goods were delivered in good quality and on time, but in a smaller volume (number of units) than indicated in the agreement.
If only once the goods arrived that do not correspond to the order (quality or name of the product), then the basis for breaking the contractual relationship can be used in Art. 450 gk.
Giving
This is a document that is used to transfer valuable property from one person to another. Such an agreement may include the need for the donee to fulfill certain obligations. To regulate such an agreement, Art. 572 of the Civil Code of the Russian Federation.
Termination of the contract is available to any of the parties. If we talk about a unilateral termination of the agreement by the donor, then it is permissible for one or more of the following reasons:
- Loss of a significant share of property.
- The need to allocate funds for treatment.
- Loss of stable income.
If the donor has sharply worsened the financial situation, he can cancel his decision to transfer the property.
As for the donee, he has the right to terminate the contract unilaterally only until the moment the transfer of the gift has been completed. After that, all issues are resolved in court.
Conclusion
The law allows you to terminate the agreement unilaterally, but if there are good reasons for such actions. In each case, the conditions that make the termination process possible may differ. Therefore, it is important to consider the type of contract and the stage of cooperation at which such a decision is made.