Almost all relations between the parties are formalized by signing an agreement. However, in some cases, termination of such a transaction may be required. There are many reasons for such an action, for example, one of the parties may no longer need a certain service or product, or perhaps some party to the transaction violates its obligations. But in any case, it is recommended that a statement be made to terminate the contract, that is, not to hide from the other side their true intentions.
Features of the preparation of the document
The legislation does not provide for a unified application form. Therefore, you should rely on established practice in the preparation of business letters.
Conditionally, the application for termination of the contract can be divided into three parts:
- general information, i.e. information about the parties, their details, contract data;
- the main section, which indicates the reasons for the termination and the request itself;
- conclusion or attached documents, signature, date of drawing up.
The document can be made by hand or on a computer, there are no restrictions on the size of paper, it can be in A4 or A5 format.
The application must be made in duplicate, on the second the recipient must put a mark on acceptance.
Sample document structure
It is recommended that you prepare a sample application for termination of the contract in accordance with the following structure:
- The details of the recipient and sender are registered in the upper right part of the document.
- In the middle of the document its name is written, it can be in capital letters. After the name, it is recommended to indicate the details of the contract to be terminated.
- The next part is the main section. Here you should indicate for what reason it is necessary to break the contractual relationship. For example, the contractor did not fulfill his obligations on time, or the customer did not pay the prepayment on time and so on.
- Next, you should justify your decision indicating the articles of legislation that have been violated and the clauses of the contract.
- The petition for termination itself. If an advance payment has been made, then there may be a request for its return and the bank details of the recipient.
- The list of attached documents.
- Date of compilation, signature, seal (if any), decryption of signature.
It is allowed to supplement the application with any information that is relevant for resolving the termination.
Sample application for termination of the contract
To the head of the LLC ...
Address….
EDR ....
(from) ... details of the applicant
Statement…
... Date ... an agreement was signed between our enterprises on .... No ... ..
…Date…. customer ... LLC .... made an advance payment according to clause ... contract ... date ... in the amount of ... rubles (in words). This fact is confirmed by a payment order dated ... date ... No. ... (copy attached).
At the beginning of the training courses, I no longer needed to take them, which I reported on the phone of the contact center ... date ... and did not appear at the appointed time ... date ... time ... when the courses began.
Guided by the provisions of Article 779 of the Civil Code of the Russian Federation and Article 32 of the Law “On the Protection of Consumer Rights”, I have the right to submit an application to refuse services.
Given that the contractor in this case did not incur any expenses, I ask:
- On the day of filing this application for termination of the contract No. ... date…. terminate it and return to me the prepayment in the amount of ... rubles.
Applications ...
Date ... signature ... F. I. O.
Methods of transmitting the petition and the timing of consideration
The prepared statement can be transferred personally to the other party to the transaction or through the office of the enterprise or organization. Submission of the application by mail is allowed. In this case, it is recommended that the shipment be registered by registered mail.
If the contract provides for electronic correspondence, then the application for termination of the contract can be sent by email.
The other party - the recipient of the application - has 10 days to consider the application, unless otherwise specified by the contract. If the terms of consideration are violated, and even more so no response will be received, then the applicant has the right to appeal to the court.
Insurance
Like any type of contract, insurance transactions must comply with applicable law.
Every insured person has the right to terminate the contract for voluntary insurance, and it is enshrined in article 958 of the Civil Code. In addition, there is such a thing as a “cooling period”, that is, a period during which the insured person is entitled not only to terminate the contract, but also to return all the money deposited. It is small and is only 5 days from the date of registration of the insurance contract. However, not only during this period, you can terminate the contract and expect to return the so-called unspent amount of the insurance payment.
As a rule, each insurance company has templates for writing a waiver of the transaction. But they are still optional. And an application for termination of the insurance contract can be made independently, for example:
To the director of SK ... (branch)
(from) ... data of the insured person ... as prescribed in the contract
Statement
Please terminate the insurance contract .... date ... No. ... in connection with the disposal of the vehicle ... machine data ...
I ask you to transfer part of the insurance payment for an unexpired period to a bank account: details ...
Applications ...
The policyholder ... date ... F. I. O.
Rental relationship
Termination of the lease has the right to initiate both the lessor and the lessee. As a rule, the contract clearly spells out the conditions that allow you to terminate the contract, the procedure and deadlines for submitting an application. For example, if the contract is concluded for an indefinite period, the initiator of the termination must contact the other party for 3 months.
A sample application for termination of the lease is presented below.
To the lessee (lessor) ... details
(from) ...
Statement
Between LLC ... and LLC ... concluded .... date…. real estate lease agreement located at .... with a total area of ....
Based on the provisions of Article 610 of the Civil Code of the Russian Federation, the term is not specified in the contract, that is, the contract itself is concluded for an indefinite period.
In turn, the parties have the right to refuse it at any time, warning the other party for 3 months, unless a different period is established by the agreement, but it is not established.
I hereby inform you of the termination of the lease from ... date ...
Applications ...
Tenant (landlord) ... date ... F. I. O.
If the letter is drawn up on behalf of the tenant, then he can prescribe the date by which he is ready to move out of the leased premises. The landlord, in turn, may ask in a letter to vacate the premises before a certain date.
Service contract
Every person almost every day is faced with a proposal to provide any services, it can be cosmetic, medical or legal. Naturally, the contract is not always drawn up, but in some cases it is nevertheless necessary.
A written contract usually indicates the conditions and procedure for terminating the transaction, which may involve termination of the transaction free of charge or with reimbursement of costs and penalties.
The application for termination of the service contract can be made as follows.
To the director ...
(from) ... applicant's details
Statement
.... date ... between me, ... F. I. Oh, and the company LLC ... an agreement was made to provide ... services are listed ...
Based on the clause ... of the contract ...., I (the Customer) have the right to refuse to provide services unilaterally. I can use this right at no cost if services have not yet been provided. Based on the foregoing, I bring to your attention that the need for your services has disappeared from me, services to date have not yet been provided. Guided by article ... of the Civil Code of the Russian Federation and paragraph ... of the contract ..., I ask:
- Terminate the contract…. with date ...
- Return to me a prepayment of ... to my bank details ...
Customer ... date ... F. I. O.
In general, problems with the preparation of the application for termination of the contract of services should not arise, since it is written in free form.
Sale
The current civil law provides three main reasons for terminating a purchase and sale transaction:
- by agreement of the parties;
- refusal of one party to fulfill obligations, if this is provided for in Article 450 of the Civil Code;
- termination of the transaction by a court decision, by filing a statement of claim to terminate the contract of sale by the interested party.
If the contract is fully executed by the seller, the buyer has no right to refuse it. If the other party has given a preliminary oral consent to break off the contractual relationship, then a petition and an agreement are drawn up. At the household level, such questions most often arise due to the supply of low-quality goods.
A sample application for termination of the contract is presented below.
... details of the seller ....
... customer details ....
Statement
... date ... I purchased in your store ... a description of the goods for ... rubles, which is confirmed by check (a copy is attached).
After I came home and reviewed the product (started to operate, and so on), it turned out that it is of poor quality for the following reasons ...
Based on the requirements of Articles 18 and 22 of the Law on the Protection of Consumer Rights, I ask:
- Terminate the contract of sale ... product description ...
- Return me a sum of ... rubles, which was paid for the goods.
In case of refusal to satisfy my legal requirements, I will be forced to apply to the court with a statement of claim to terminate the contract and recover money and moral damages paid for the goods.
Applications ...
Buyer ... date ... F.I.O.
Eventually
You should never forget that you must transmit the application in such a way that the applicant has a mark on his receipt on the second copy. It is not a fact that the other party to the transaction will agree to terminate and satisfy the requirements put forward in the application, that is, it will have to go to court to protect its rights. And in court it will be necessary to prove that the plaintiff tried to resolve the dispute before filing a lawsuit.