An application for termination of the contract is submitted to the court regularly. Despite the fact that the procedure has been worked out in law and judicial practice, different questions arise. What is the difference between citizens and entrepreneurs? For example, which court to appeal to and what to refer to in a lawsuit?
Normative regulation
The application for termination of the contract is executed on the basis of the Civil Code and other laws. In particular, On Consumer Protection. The said law is interesting in providing citizens with a number of reasonable preferences in connection with their less protected position. The court considers cases and is guided by other regulatory acts.
Contract status
The law defines freedom of contract as a fundamental principle of civil law. Exceptions are provided for by the laws or other regulations.
In terms of termination of the transaction, a different rule is established, directly opposite.
The parties to the agreement have the right to terminate it by mutual agreement. A party does not have the right to refuse the contract at his own request. Unilateral actions are permitted in exceptional situations. The conditions for the unilateral termination of a transaction may be established directly by agreement in addition to the law.
As a rule, termination is initiated by filing an application for termination of the contract with the court. Without court intervention, the contract for the provision of utility services is terminated.
Reasons for termination
Consider the reasons for terminating the agreement, they are spelled out in the normative act and in the terms of the agreement:
- a significant violation committed by the other party, making further continuation of the relationship pointless or unprofitable;
- a significant change in circumstances, due to which the party is not profitable to continue cooperation.
The last paragraph provides a number of grounds for terminating the agreement:
- partners at the conclusion of the agreement assumed that there was no reason for termination;
- there is no way to eliminate the causes of termination after they appear;
- execution of the agreement in its original form makes it unprofitable;
- the customs or terms of the contract do not impose on the party the risk of the occurrence of the relevant circumstances.
The application for termination of the contract is made out in two ways:
- sending a letter to the second side;
- filing a lawsuit.
Letter or statement of termination
A service agreement is relatively easier to terminate. Consider the process as an example of a relationship with Rostelecom.
The order of interaction with customers is regulated by special rules, contracts with customers are concluded in accordance with the standard form. However, suppliers are making changes. By signing the document, the client is obliged to fulfill all its conditions, despite their slurring or burdensome for him.
An application for termination of the contract with Rostelecom is submitted personally by the client or representative on his behalf. Payment receipts are included. In addition to the actual service fee, consumers also pay a monthly fee. If there is a debt even after the termination of the service, the termination of the agreement is refused.
Customers are faced with the obligation to return the equipment or buy it. The equipment is considered returned after the signing of the acceptance certificate by the company's specialists.
A copy of the passport and the contract is also attached, if it is preserved.
Failure to terminate the contract will result in the company submitting an application for the issuance of an order to collect a debt for payment.
A sample application for termination of the service contract will help to draw up the document correctly.
Drawing up a claim
In the arbitration process, before initiating a lawsuit, the initiator of the trial preliminary sends the partner a claim stating which, in his opinion, the violations were committed and the time limit for their elimination is given. Among the requirements is the question of monetary compensation or other actions aimed at reimbursing funds.
As a general rule, at least 30 days are allotted for consideration of a claim. A legislative act may establish a different period of time for considering a claim.
Filing a claim is mandatory in arbitration disputes with some exceptions. In the civil process, the opposite principle applies. Pre-trial procedure is rarely used, for example, in consumer disputes with a supplier or seller; or service provider.
The expiration of the period for giving a response on the claim gives the right to apply to the court with a statement on termination of the contract.
The notice is based on the right to terminate the contract at any time, the claim is related to violations. The significance of a correctly executed document is as follows: the transaction is terminated upon notification of the other party or the entry into force of the judicial act.
Court selection
The lawsuit is filed with the district court. If the consumer acts as the plaintiff, then it is allowed to submit documents at the place of his residence, and not the location of the company, organization or its representative office.
Writing a lawsuit
Indicated:
- name of the court to which the documents are sent;
- information about the plaintiff (name, place of residence);
- information about the defendant (name, place of residence, registration number of the individual entrepreneur or the full name of the organization and its location);
- circumstances of the case: when the contract is concluded, reasons for termination, references to regulations, evidence, facts confirming the position of the plaintiff;
- requirements (recognize the agreement terminated if all the requirements for the termination procedure have been fulfilled and illegal charges are made, or terminate the contract);
- an inventory of the attached documents (claims, responses of authorities to complaints, expert opinions);
- receipt of payment of state duty;
- signature, filing date.
A sample claim for termination of the contract indicates the need to specify the subject of the dispute (date of conclusion, number, parties, subject of the contract).
State Duty Size
The consumer is exempted from the obligation to pay a fee. In the lawsuit it is advisable to refer to this position so that the papers are not left without movement. The direction of the appeal, cassation and supervisory appeal is already paid in the general manner.