Termination of the contract by agreement of the parties: grounds, terms, procedure. Agreement on termination of the contract, on amendment of the contract Form of termination of the contract by agreement of the parties sample

What a sample (form) agreement on termination of the contract looks like, in what form the agreement on termination is concluded by agreement of the parties and what consequences it entails - we will talk about this in this article.

Sample agreement and notice of termination of the contract by agreement of the parties

You can download the forms here:
termination agreements;
notices (letters) on termination of the contract.

These samples (forms) can be used in relation to contracts:

• purchase and sale;
• supplies;
• rent;
• on the provision of services;
• loan agreements;
• other civil contracts.

Civil law is based, among other things, on the rule that unilateral termination of the contract is prohibited.

The contract can be terminated:

Like any other civil law agreement, an agreement to terminate the contract by agreement of the parties is concluded using the mechanism of sending and receiving an offer (offer to terminate) and acceptance (consent to termination).

An offer may be an independent statement (notification) of the party interested in terminating the contract.

This application is recommended to be sent to the legal and actual address of the counterparty organization. The offer to terminate the contract itself can be expressed in this application, or a draft agreement to terminate the contract can be attached to the application.

What is the form of the agreement on termination of the contract by agreement of the parties?

The law establishes that the form for concluding an agreement on termination of the contract by agreement of the parties must correspond to the form of the contract itself, unless otherwise follows from the law, the contract, or business customs.

This means that if the contract is in writing, then the termination agreement must also be in writing. If the contract is in notarial form, then the agreement must also be in notarial form.

State registration of the contract does not apply to issues of compliance with the form, therefore, if the contract is subject to state registration, then the agreement on termination of the contract is not subject to such registration as a general rule.

If the contract is concluded orally (the law also allows such a form), we recommend that you express your will to terminate the contract in writing, despite the statutory assumption to the contrary.

When is a contract considered terminated by agreement of the parties?

As a general rule, the contract will be terminated by agreement of the parties at the moment when the corresponding agreement is considered concluded. And for the conclusion of this agreement, a clearly expressed will of both parties to the contract in the proper form is necessary. Usually this moment is associated with the signing of the termination agreement as a single document by both parties to the contract, but there may be options. In many cases, it is necessary to analyze the mechanism of offer and acceptance when concluding such an agreement.

The parties may provide by agreement the moment of termination of the contract and in other terms, if this does not contradict the requirements of the law.

What are the consequences of terminating the contract by agreement of the parties?

The main consequence of this action is the termination of obligations between the parties. It should be borne in mind that such termination, as a general rule, does not entail the obligation to return what has already been performed, unless otherwise follows from the law or the contract.

Example: The parties entered into a lease agreement for non-residential premises for a period of one year. Seven months later, the tenant sent another proposal to terminate the contract. The parties signed an agreement to terminate the contract. The tenant went to court to recover the rent paid for seven months. By decision of the court, the claim was rightfully dismissed.

Agreement on termination of the supply contract No. ____ dated _______

Limited Liability Company _____________, OGRN ____________, TIN ______________ represented by __________________, acting on the basis of ________________ on the one hand, and

Limited Liability Company _____________, OGRN ____________, TIN ______________ represented by __________________, acting on the basis of ________________ on the other hand, collectively referred to hereinafter as the "Parties", have entered into this agreement as follows:

1. The "Parties" concluded a supply agreement No. ______ dated __________ (hereinafter referred to as the "Agreement").
2. By this agreement, the "Parties" have agreed to terminate the "Agreement".
3. This Agreement shall enter into force on the day of its signing by the "Parties".
4. This agreement is made in two original copies, one for each of the "Parties".

signature, m.p.

_____________________________________________________________/__________________/
signature, m.p.

LTD ________________________
OGRN _______________________
TIN ____________________________

FROM WHOM:
LTD ________________________
OGRN _______________________
TIN ____________________________
The address: ______________________

Notice of Termination of the Lease Agreement No. ____________ dated _______________

Between ____________ LLC and _______________ LLC concluded a lease agreement No. ______ dated __________.

By this notice, LLC _______________ represented by ____________________ notifies you of the termination of the supply agreement No. ___________ dated ________________.

The reason for termination of the contract is ________________________________________________ (what is a material breach of the terms of the contract or a rule of law or a clause of the contract that allows you to terminate the contract unilaterally).

FULL NAME.
Position
date
signature
seal

If you need legal advice from a lawyer or lawyer (including online) on the termination of the contract, please contact us in any convenient way.

In the life of most enterprises, there are often moments in which they can refuse services performed by the other party, other organizations. To do this, it is necessary to carry out such a procedure as the termination of an agreement previously concluded between the parties.

How this is done and what is needed for this - we will tell in more detail below.

Legislative regulation

Termination of the contract is regulated on the basis of the Civil Code of the Russian Federation.

These are mainly articles No. 450, No. 153, No. 154, No. 453, No. 409, No. 414, No. 8, etc. According to the listed regulatory documents, termination of the contract is possible with the consent of two parties or if one of the parties is dissatisfied with the performance obligations of the other party under the agreement.

By its own legal nature, the termination of this document is a transaction in which two parties take part.

In other words, this is an action that is aimed at terminating the rights and obligations that arose in accordance with a previously concluded agreement.

If the Civil Code does not provide for other situations, then termination or amendment of the contract is possible only with the agreement of both parties. There are several ways to change or terminate the contract, for example, by providing compensation in return for the performance of obligations or through novation.

If one of the parties intends to terminate the previously reached cooperation agreement, then this cannot be considered a deal, because, unlike the created agreement, such an action does not entail the termination of the rights and obligations reflected in the agreement - this is terminated only by a court decision .

Existing reasons for termination of cooperation

At present, it is impossible to formulate a complete list of reasons according to which it can be terminated. Each cooperation agreement is individual, it can prescribe completely original and unique conditions, due to non-compliance with which the agreement may be terminated.

Accordingly, determining specific reasons for terminating a cooperation agreement is a rather problematic action. However, it is still real to single out a certain standard range of reasons why the parties refuse to interact with each other. Let's look at the main common reasons for the refusal of enterprises to cooperate.

The most common reason for termination of cooperation is non-compliance with the obligations stipulated by a previously concluded agreement. In 75% of cases, contracts are terminated precisely because of this reason. Further, bilaterally, the agreement is most often terminated due to the fact that cooperation no longer brings benefits to the parties. In this case, the agreement is terminated quite easily, without problems and conflicts, since both parties are interested in such termination. It is much harder to cooperate when only one of the parties loses the benefit.

Well, the third weighty and common reason for the termination of cooperation between organizations are violations in the performance of their obligations, as well as the incomplete performance of the prescribed functions of either party or both at once. Most often, due to such reasons, the termination of the cooperation agreement ends only with litigation, since such a reason implies the payment of compensation by one of the parties in favor of the other, even if this is not regulated by the agreement.

The procedure for terminating the contract by agreement of the parties

Termination of the cooperation agreement by agreement of both parties is the most peaceful way to end the relationship. However, despite the fact that visually the design of this procedure seems harmless and very, this action has a lot of pitfalls.

Consider such a termination of a relationship using an employment contract as an example.

If you are guided by the Labor Code, it becomes clear that there is not so much information on this subject in this set of rules. According to article 78, the possibility of terminating the contract for the above reason is available at any time. That is, the parties can do this both during and during the vacation, after which the employee will be fired.

The initiative to terminate cooperation must come either from the employee or from. An offer of termination must be sent to the other party in writing or in any other form.

If the parties have come to a mutual agreement, then it is necessary to start drawing up an agreement to terminate the employment contract. The form of this agreement may be free, but it is desirable that it be in writing.

And this document will act as a guarantor of precisely mutual agreement on the termination of labor relations. In some enterprises, they do it a little differently - they draw up a resolution on the employee's application for dismissal on the basis of mutual consent.

After the parties sign an agreement to terminate the contract, the employer issues an order to terminate the employment relationship between the parties on the basis of a mutual agreement. Most often, a unified form of the document is used.

Be sure to familiarize yourself with this document of the employee, which is certified by a signature.

Learn about the dismissal of an employee by agreement of the parties from the video.

Rules for drawing up an agreement

There are a number of regulations on the basis of which it is necessary to draw up an agreement on the termination of cooperation between the parties.

Be sure to consider these rules when creating this agreement:

1. In the introductory part of the document, indicate the persons involved in the termination of the cooperation agreement.
   Remember that the termination agreement is made exactly in the format that was used when creating the cooperation agreement.
2. Be sure to display the contract number, its name and creation date.
3. Specify next the date at which the contract will be considered terminated.
   If necessary, you can use the following phrase when indicating the date: "from the moment the signatures of the parties to the current agreement are signed."
4. It is also necessary to indicate the existence of the fact that the terms of the contract were fully implemented at the time when the decision to terminate it was made.
   If the obligations were not fully fulfilled, then this should also be fixed in the agreement.
5. Then it remains to register the number of copies of the document, fill in all the details and data of the parties, and then certify the document with seals and signatures.

Please note that this sample is a generalization. In reality, one can encounter somewhat different examples of this agreement.

Nuances in terminating contracts

Basically, the nuances of terminating a cooperation agreement arise in situations where only one party is interested in it. For example, there are many nuances in labor contracts when they are terminated.

This is especially true for female employees, namely their pregnancy. It is also necessary to remember all parties, but especially employers, that if you do not draw up a written agreement on termination of employment, then this may serve as a basis for challenging the decision to dismiss an employee in court.

In other words, in the absence of this document, a dismissed employee can be reinstated by a court decision.

It is also important to correctly and competently draw up this agreement.

Do not be afraid to involve specially trained lawyers for this, if your company does not have such personnel on staff.

In the case of an incorrectly executed agreement, you will not be able to avoid trouble in situations where the dismissed employee or the other party in a different contract format remains unhappy with such termination of the relationship.

Consequences of the procedure

The consequences of the procedure for concluding an agreement on termination of cooperation between the parties is, as a rule, an amicable parting with previous obligations. However, situations often arise in which the termination of cooperation lasts for months.

These are cases of dissatisfaction of one of the parties with the current state of affairs. In such cases, legal proceedings are dragged out, which ultimately end in losses for both sides of time, nerves, effort and money.

Basically, however, everything ends happily for the parties. Also, situations often arise when, after the termination of the cooperation agreement, after some time, these same parties again conclude a new agreement.

Different situations happen in life, and it is better not to spoil relations with those who used to be your partner.

You can learn about the procedure for dismissal by agreement of the parties from the video.

In contact with

An agreement to terminate the contract is signed when the partners have mutually agreed to terminate the existing relationship. The reasons may be:

This is only an approximate list of cases when the parties terminate the contracts.

Note! Termination is permissible only in relation to a valid contract, but not previously terminated on other grounds, for example, due execution (ruling of the Supreme Court of the Russian Federation of 07/08/2015 in case No. A41-57495 / 2014).

How is a termination agreement made?

The direction of such a letter is also obligatory in the event that in the future the person interested in terminating the contract plans to go to court, since paragraph 2 of Art. 452 of the Civil Code of the Russian Federation requires the obligatory fulfillment of one of 2 conditions in order to attract the judiciary:

• receiving a refusal to offer to terminate the contract;
• failure to receive a response within the specified time period, which is 30 days by default.

Important! The proposal to terminate the contract and the draft agreement are sent to the legal address of the counterparty contained in the extract from the Unified State Register of Legal Entities, or another address agreed by the parties. In this case, the risk of not receiving such a message lies with the addressee. This position is enshrined in paragraph 1 of the resolution of the plenum of the Supreme Arbitration Court of the Russian Federation dated July 30, 2013 No. 61.

To sign an agreement to terminate the contract out of court, acceptance of the offer by the counterparty is required. Acceptance can be:

• consent to terminate the relationship;
• signing of the proposed draft agreement on termination of the contract;
• silence of the partner, if such a condition is provided for by the contract or law.

The contract is considered terminated from the moment of acceptance of the proposal to terminate the relationship, for example, the signing of an agreement to terminate the contract by the second party.

The termination process is outlined in the following diagram:

An example of a termination agreement

The agreement on termination of the contract, as a rule, is drawn up by the interested partner and signed in a number of copies equal to the number of parties to the contract.

• name: "Agreement on termination of the contract No. ____ dated _____";
• place of compilation;
• date of signing;
• names of counterparties indicating the signatories and their powers;
• conditions for termination of the contract;
• grounds for termination of the contract in the case when it is provided for by law or the contract itself;
• the date of termination of the contract (it is also possible to use such wording as “cancelled from the moment of signing”);
• consequences of termination, for example, a guarantee of one of the partners to pay for services already rendered;
• details and signatures.

In some situations, other documents are required to be attached to the agreement. So, when terminating the lease, the property should be returned to the lessor according to the acceptance certificate. This act will be an integral part of the agreement to terminate the contract.

Termination agreement form

P. 1, Art. 452 of the Civil Code of the Russian Federation contains a requirement that the form of termination of the contract conforms to the form of its conclusion, therefore, an agreement on the termination of transactions subject to state registration or notarization must also be registered or certified by a notary.

Note! This requirement does not apply to a release agreement, since it is an independent transaction that terminates an obligation by virtue of a direct indication of the law, but not a termination agreement.

Risks! Failure to comply with the form of the agreement on termination of the contract in some cases may lead to the invalidity of the agreement on termination (decree of the Arbitration Court of the Moscow District dated September 21, 2016 in case No. A41-82273 / 2015), in the rest - failure to conclude an agreement on termination due to the failure to prove the will of the parties (determination of the Moscow City Court dated 02.02.2016 No. 4g-741/2016).

Consequences of signing an agreement to terminate the contract

P. 2 Art. 453 of the Civil Code of the Russian Federation provides that, as a general rule, the termination of a contract terminates the obligations of counterparties. However, when signing an agreement to terminate the contract, one must keep in mind the possible occurrence of such consequences as:

Agreements on termination of certain types of contracts

With regard to the conclusion of agreements on the termination of certain types of contracts and related features, we note the following:

Many of us are often faced with a situation where it is necessary to terminate a contract of some type - a contract, a lease, or an employment contract. The execution of the termination agreement is a very important point, because in case of incorrect execution, the agreement will not be valid and may entail unpleasant consequences.

How to make the correct execution of the termination of obligations - we will consider below.

The essence of the agreement to terminate the contract

Such a document is an additional supporting document for the base contract. This document must be issued after the expiration of the main period.

In other words, the essence of such a document is to pay off this period. If it is terminated ahead of schedule due to reasons that did not entail mutual or unilateral claims of the landlord and tenant, then the signed document is a sufficient basis for terminating the contract.

To conclude an agreement to terminate the contract, you need to use a form that should display the contact and personal data of both parties, describe the very essence of the agreement, then accept the absence of claims between the parties.

If there are mutual claims, it is imperative that they be settled before the contract is terminated, otherwise the party that considers itself infringed will have the right to go to court for further proceedings.

This document has final legal force, which terminates the civil law relations of the parties that arose upon signing the main defining document.

Compilation rules

It is important to understand that the legislator imposes few requirements on the document itself. The only requirement is that its format must be the same as the form of the main contract, unless otherwise provided by business trends or the law.

Thus, in the event that the parties enter into an agreement in writing, the agreement must be drawn up in exactly the same way.

The agreement is an integral part of the contract, which is subject to termination, respectively, it will be right to call it "on termination". It is from the moment of its signing that all obligations under a previously concluded agreement are considered fulfilled, unless, for example, the contract specifies another date for the rupture of relations between the parties.

A document reflecting the termination of the contract is an agreement that reflects the intentions of each party regarding the termination of relations in the context of this contract.

In the text of such an agreement, it is better to adhere to such rules as:

1. 1. Write down the names of the parties before the very essence of the agreement, and it is better to do this exactly in the version as it was done in the agreement itself.

1. Identify the contract to be terminated, put down its date, number, name.
2. Be sure to reflect the beginning of the moment when the arrangement will be considered officially terminated.
3. Be sure to write down the fulfillment of obligations between the parties.
4. Specify the number of instances of the agreement to create.
5. Don't forget about the details of the parties.
6. Put your signature, your seal stamp and take your own copy.

It is clear that such a recommendation is of a general nature, and each case of termination can be considered individual. But this axiom of drawing up an agreement must necessarily be observed in any situation, because this is the “skeleton” of the termination document, and then, depending on the situation, extraneous clauses can be added.

Current form

The interesting thing here is that the format of the agreement can be free - written, electronic or printed. The most important thing here is that it does not differ from the format of the main document.

In the case of a written form, the creation of the main one must also be executed in writing.

Labor contract

The fact of termination of the employment contract is carried out at the initiative of any party, or by mutual agreement. It is possible to draw up an agreement on termination of an employment contract by issuing a separate document.

An important nuance for creating a termination document is to come to a general compromise regarding this situation. This document should also contain the conditions for terminating the employment contract, as well as the obligations of both parties that are associated with its termination.

It must be borne in mind that if an employee of the enterprise is pregnant, then this may be the basis for reconsidering the terms of this document on the termination of labor activity. For example, in reality there was a situation in which the head of the company fired his employee due to the fact that she refused to perform her duties due to pregnancy.

But, since this type of agreement was not executed, the court ruled that the dismissal was illegal, and reinstated the woman in her position. In other words, the importance of such a document should never be underestimated.

How to draw up an agreement on learn from the video.

Contracts

It is quite simple to draw up an agreement on termination of a work contract, and you can fit it into one incomplete sheet. At the very beginning, the name, date and number of the document to be terminated are written.

Then the date of this termination agreement is written. After that, the data of the parties are registered, then the fact of termination of the agreement is written in the body of the document, which is considered formalized after the signing of this agreement.

Then it is indicated that the obligations of both parties by signing the document are terminated within the framework of the previously concluded agreement. If it is necessary to pay compensation to one of the parties, this must also be reflected in the contract, indicating the exact amount of payment.

Further, it is necessary to prescribe the moment that the agreement can be considered valid only from the moment of its actual signing by both parties, the number of copies of the agreement must be prescribed. After that, the details of the parties, the date and signatures of the parties are indicated, which must also be accompanied by printing stamps.

In general, such an agreement looks almost the same as in the case of an employment contract.

Lease agreements

In order to most approximately determine the timing of the end of the lease of premises or, if there is an urgent need for early termination of this document, both parties must jointly develop an agreement to terminate the lease agreement, then sign it.

Such an agreement will help the parties to set all their own priorities on this issue in the relations of the parties regarding the previously concluded agreement. In addition, such a document will be able to fix the absence of claims between the parties, or to strictly determine the exact amount of debt by the tenant according to the rent, taking into account the specific deadline for the return of the leased premises in accordance with the act of acceptance to the lessor.

This type of agreement should include the following:

• the date of conclusion and the number of the terminated lease agreement;
• The date of termination of the document (at the same time, this may also be the date of compilation);
• The term for the return of premises in favor of the lessor in accordance with the act of acceptance;
• Presence/absence of mutual claims.

Also, this document must contain the personal personal data of the parties, indicating their details. After, at the very end, the date of conclusion of this termination agreement, and the signatures of the parties, should be reflected.

About early termination

Often there are situations in which the contract must be terminated strictly earlier than the deadlines specified in the contract. This may be due to the emergence of justified claims by the parties or due to some other factors.

Most often, lease agreements are subject to early termination. If we rely on them, then we will consider two sides of the early termination of such an agreement. The first side is the fault of the tenant, the second side is the fault of the landlord.

In a judicial proceeding, the lease agreement may be terminated in the situation when the tenant performs the following of the following actions:

1. Spoils the condition of the property, which is located in the rented premises owned by the landlord.
2. Does not transfer funds within the terms that were agreed under the lease agreement. Also, if the tenant does not transfer the rent in full for 2 months or more.
3. The subject of the contract is not fully performed or with significant violations.
4. Refuses to carry out major repairs in a situation where such a measure is included in the contractual obligations of the tenant.

Also, the agreement is terminated if the landlord performs the following actions:

1. Transfers property for rent that is not suitable for use for reasons beyond the control of the tenant.
2. Refuses to carry out major repairs, despite the fact that this is due to the terms of the contract.
3. Refuses to transfer property or creates barriers to its use.
4. Transfers for use property with defects, the presence of which the lessor knew in advance.

Additional Document

An additional agreement on termination of the contract is usually drawn up in cases where one of the parties must necessarily receive monetary compensation for something from one of the parties.

In this case, after it, an additional agreement is created in a format similar to the previous documents, in which all the same is prescribed.

But instead of the essence of the agreement, the additional document prescribes the subject of liability for repayment of the debt (compensation), and also indicates the specific terms for repayment of this debt. Everything else can be taken from the basis of any agreement to terminate the contract.

Learn how to terminate the contract from the video.

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The formation of an application for termination of the service agreement occurs in cases where one of the parties to the relationship, due to any circumstances, has a desire to break the previously reached agreement.

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What is the most common reason for this

Contracts for the provision of services can be drawn up in relation to any services provided to both individuals and legal entities. It can be:

• financial;
• consulting;
• household;
• informational;
• educational services, etc.

It should be noted that all contracts, regardless of their content, are a kind of preliminary, the execution of which must be confirmed by the presence of certain papers.

IMPORTANT! In the period before the actual implementation of the contract, each of the parties has the full right to refuse it.

Breaking the contractual relationship can be explained by a variety of reasons. The most common:

• failure of one of the parties to fulfill its obligations;
• violation of the deadlines for fulfilling the terms of the contract;
• payment delays, etc.

The contract can be terminated even simply due to the fact that there is no longer a need to provide the service for which it was drawn up (provided, of course, that this service was not provided at the time of writing the application).

If the service provider has incurred any expenses by the time of receipt of the application for termination of the contract, they must be fully compensated by the customer (but only if the provider provides the necessary supporting papers - checks, receipts, etc.).

What to refer to when terminating a contract

The law provides the customer with the right to refuse services under the contract. At the same time, there is no need to apply to the court - this is evidenced by paragraph 1 of Article 782, Part 2 of the Civil Code of the Russian Federation of January 26, 1996 No. 14-FZ.

A citizen who is a consumer of services and uses them for personal needs (not related to commercial activities) has the opportunity to refer in his application for termination of the contract to Article 32 of the Law of the Russian Federation "On Protection of Consumer Rights" dated 07.02.1992 No. 2300-1.

It should be noted that sometimes the contractor requires that papers indicating a good reason for breaking the contractual relationship be shown without fail. Such a requirement is unlawful, since the customer can withdraw from the contract even without giving reasons.

But if the termination occurs through the fault of the contractor, the customer should attach written evidence of this to the application (checks for payment for services performed poorly or not performed at all, etc.) - this may come in handy in the future if the case goes to court.

Features of drawing up an application

Now there is no generally applicable, standard application form, so you can write it in free form, based on your own vision of this document. The main thing in its design is to ensure that the sequence of its content meets certain standards for compiling business documentation.

The document is conditionally divided into three parts:

1. start - information about the addressee and the applicant;
2. the main section - a request to terminate the application, as well as information about the contract and the reasons for its termination;
3. conclusion - a list of attached documents and a signature.

There are no special criteria for the design of the document, just as for its content, i.e. The application may be written by hand or typed on a computer. For a printed document, an ordinary blank sheet of paper of any convenient size is suitable (A4 or A5 is mainly used).

It is recommended to write an application in two identical copies, one of which should be given to the representative of the organization providing services under the contract, the second should be kept, having previously secured a mark on it that the contractor received a copy.

Sample application for termination of the contract for the provision of services

At the top of the document (left or right does not matter) should indicate:

• position, full name of the head, name and address of the contractor under the service agreement;
• information about the applicant: full name, registration address and telephone number, passport details.

Then the word “statement” is written in the middle of the form and a period is put.

The main block of the application contains the actual request to terminate the contractual relationship. Here you need to specify:

• date and number of the contract, parties (all this is entered in full accordance with the main document);
• the reason and date of the break, as well as the articles of the legislation of the Russian Federation justifying these actions and the clauses of the contract itself;
• a request for the return of the prepayment (if the customer has made it).

If necessary, the application can be supplemented with other information (depending on individual circumstances).

After writing the application

After filling out the application, it must be transferred to the second party of the contractual relationship. You can do this in several ways:

1. the first and most reliable is to give it personally, from hand to hand to the service provider;
2. send a document via regular mail by registered mail with acknowledgment of receipt (with a description of the attachment) - this way also guarantees that the message will reach the recipient;
3. transfer the application through a representative, but only if he has a valid, duly certified, power of attorney from the applicant;
4. send an application via e-mail, but only if such an order is specified in the contract;
5. if there is an electronic document flow between the parties, then it is allowed to send the application through the user's personal account or through the Internet bank (in situations when it comes to credit institutions and their clients).