How to write a termination letter. Notice of termination of the contract: why is it necessary? Court practice: Notice of termination of the supply contract

It is concluded by the parties on a voluntary basis for a certain period. If one of the parties to the contract wishes to terminate it ahead of schedule, then it is necessary to send a letter to the second counterparty to terminate the service agreement.

According to the general rule established in Article 450 of the Civil Code of the Russian Federation, one party cannot withdraw from the contract without good reason. Termination of the agreement by decision of only one of the parties is permissible through the court only in the following cases:

In case of serious violations of the contract by another counterparty (violation of deadlines, provision of low-quality services or services not in full);
On the grounds provided for by the Civil Code, other regulations, or the service agreement itself.

Note! In Art. 450.1 of the Civil Code clarifies that if the legislative act or the agreement provides for the cancellation of the contract by the decision of one participant, then the moment of termination of the contract is the date the other counterparty receives a notice of termination of the contract.

Article 450 of the Civil Code of the Russian Federation "Grounds for changing and terminating the contract" and 450.1 of the Civil Code of the Russian Federation "Refusal of the contract (performance of the contract) or the exercise of rights under the contract"

The possibility of unilateral withdrawal from an agreement for the provision of services is provided for in a special rule that applies exclusively to contracts for the paid provision of various services. So, in article 782 of the Civil Code of the Russian Federation it is stipulated that you can not apply to the court if:

The contract is canceled by the customer, who paid the contractor all the actual costs;
A letter of withdrawal from the contract is submitted by the contractor, provided that he has compensated the customer for the losses incurred.

If the condition for repayment in connection with the performance of the contract for paid services of the contractor's expenses or the customer's losses is not met, the injured party has the right to appeal the unilateral decision to withdraw from the contract in court.

Can be terminated early

Agreement for the provision of services (medical, financial, legal), etc. is concluded for a specified period. Termination of the contract earlier than the established period is possible in the following circumstances:

Failure to fulfill the terms of the contract due to the fault of one of the participants;
Circumstances have arisen that do not allow further fulfillment of the contract (for example, relocation, imposition of sanctions, closing of the supplier's company, etc.).

Note! Early termination of the contract can be made by mutual agreement of the parties, which is the most acceptable option for both the customer and the contractor.

You can cancel the contract ahead of schedule both before the start of the provision of the service, and in the process of receiving it. However, after the service has been rendered, a refusal is not allowed. Upon termination of the contract, the participants must compensate for the damage associated with the early cancellation of the contract.

If the parties have not reached a consensus, it is possible to terminate the contract before the expiration date unilaterally (on the basis of Article 782 of the Civil Code of the Russian Federation and the provisions of the contract) or by filing a claim with the court (if the losses were not compensated voluntarily).

How to write correctly

In order to withdraw from the service contract, the applicant must send a letter to the other party. After receiving the notification, the second participant must respond within 30 days.

The form of the letter of refusal of services is not approved at the legislative level, however, this document should contain the following data:

In the right corner of sheet A4, the so-called header is indicated: the name and address of the applicant and recipient of the notice;
In the middle of the sheet it is written: “Notice”, and on the line below it is specified: “on termination of the contract for the provision of (legal, consulting, auditing, etc.) services;
The text of the notification contains the details and the name of the agreement that was concluded, the name of your organization (or the name of the individual) and the name of the other party to the agreement;
A reference is made to the article of the law or/and the contract, which is the basis for its annulment;
In the final part, state your requirements or obligations. For example, if the notice is submitted by the customer, it is indicated: “I undertake to pay (cover) all losses incurred in connection with the termination of the contract.” If the termination of the contract is carried out due to the guilty actions of the other party, the applicant may demand the payment of fines, penalties, interest, which are provided for by the contract;
Signature of the applicant, seal of the company (if the notification is submitted by a legal entity) and date of preparation of the document.

You can transfer the notification directly to the contractor or customer. In this case, it is advisable to print the letter in two copies and ask to sign on receipt of the letter on your copy.

It is also allowed to send a letter of withdrawal by mail, but always with a notification of receipt.

Important! The agreement is considered terminated not from the moment the letter is sent, but from the time when the representative of the customer or contractor receives it.

LLC "Precedent"

address: Moscow, street, Lesnaya, 25, office, 34

phone: _____________

from CJSC "Zarya"

address: Moscow, Prospekt Mira, 26, office 15

telephone: ______________________________

NOTIFICATION

on unilateral withdrawal from the contract for the provision of legal services

On June 20, 2016, between me, Alexander Viktorovich Semenov, director of the Zorya ZAO, hereinafter referred to as the Customer, and Sergey Viktorovich Sidorov, director of Precedent LLC, hereinafter referred to as the Contractor, a contract for the provision of legal services No. 1 was concluded, hereinafter referred to as the "Contract". In accordance with clause 25 of the Agreement, in case of violation of the terms for the provision of legal services, the Customer has the right to unilaterally withdraw from the Agreement. In connection with the above fact, we inform you that the Agreement of June 20, 2016 No. 1 on the basis of paragraph 1 of Art. 450.1, Article 782 of the Civil Code of the Russian Federation, as well as clause 25 of the Agreement is considered terminated from the moment the Contractor receives this notification. We demand to return the sum of money in the amount of 50 thousand 450 rubles (fifty thousand four hundred and fifty rubles) by 01.12.2016 for legal services not provided.

01.10.2016 Signature

When to go to court

Despite the fact that the Civil Code of the Russian Federation provides for the possibility of terminating the contract at the initiative of one party, the need to go to court may arise if the contractor or customer refuses to compensate for losses.

However, in order to have the authority to go to court, you should first try to resolve the dispute out of court by filing a notice of termination of the contract and a claim for damages.

If the counterparty refuses to cover material damage within the period specified in the letter, but no later than 30 days from the date of delivery of the notice, you can go to court, be sure to attach a copy of the notice of termination of the service agreement to the claim.

First of all, it is necessary to find out on what grounds the participant of the contractual relationship is going to terminate them, and in accordance with this, choose the appropriate procedure for notifying the other party about this. Often in practice they confuse the termination of the contract and the unilateral waiver of obligations.

It is possible to terminate the contractual relationship (clauses 1-2 of article 450 part 1 of the Civil Code of the Russian Federation dated November 30, 1994 No. 51-FZ):

by agreement of the parties;
the decision of the judiciary.

The requirement to terminate the contract in court is permissible only after the party - the initiator of the termination of the measures for the prior notification of the other party (clause 2 of article 452 part 1 of the Civil Code of the Russian Federation) has completed. If the second participant either refuses the offer to terminate the contractual relationship or does not give any answer within the period specified in the letter or established by the legislator / agreement of the parties (and in its absence, within 30 days), the initiating party may apply to the court.

Certain types of contracts have specific features. For example, before applying to the court, the landlord is obliged to additionally send the tenant a notice of non-fulfillment of the terms of the lease agreement, but the very fact of sending it is not yet considered a proposal to complete the contractual relationship (paragraph 29 of the information letter of the Presidium of the Supreme Arbitration Court of the Russian Federation dated 11.01.2002 No. 66).

The right to unilaterally refuse to perform the contract may be provided for by law or, in cases permitted by law, by the contract. At the same time, the contractual relationship is considered completed from the date of receipt by one of the parties of the corresponding notification letter, which contains not an offer, but states the fact of a unilateral refusal (clause 1, article 450.1, part 1 of the Civil Code of the Russian Federation).

Drafting a termination letter

The legislator does not offer a standard sample of such a letter, so the document can have an arbitrary structure with the inclusion of all significant parameters, such as:

Document's name.
The exact details of the parties.
Details of the terminated agreement itself (number, place and date of conclusion).
A reference to a contract provision or legal rule that governs a party's right to early termination of a contract under existing circumstances. It is also necessary to describe the circumstances in connection with the occurrence of which the party decided to terminate the contractual relationship ahead of schedule, provide evidence of their existence (for example, attach supporting documents on violation of the terms of payment under the contract or improper use of the property provided - depending on the type of contract and the circumstances) .
The term for terminating the contract (indicate a specific date or time period at the end of which the contract will be recognized as terminated).
Date of compilation, signature of the compiler with a transcript.

Acquainted with sample letter of termination you can follow the link:

An example of a termination notice.

So, the notice of termination of the contract must contain all the relevant information that makes it possible to unambiguously establish its connection with specific contractual relations, although the structure of the notice is not regulated by law.

Letters on termination of the contract and on unilateral refusal are documents that are different in content and legal consequences.

rusjurist.ru

What is the procedure for unilateral refusal of the supplier to fulfill the supply contract?

Registration of the supplier's refusal to fulfill the supply contract unilaterally is carried out in the following sequence:

1. A notice of termination of the contract is drawn up, indicating the reason why the supplier made such a decision.

2. The document is handed over to the responsible representative of the counterparty in person or by registered mail. In the second case, the date of delivery is the date indicated on the postmark applied to the document.

3. Terminated unilaterally at the initiative of one party, in accordance with paragraph 4 of Art. 523 of the Civil Code of the Russian Federation, the supply contract is considered at the time the other party receives the relevant notification (provided that no other period is provided for by the provisions of the previously concluded agreement).

On our forum, you can ask about the preparation of documents necessary for interaction with counterparties. For example, in this thread, members of the forum shared their experience on how to properly terminate a service agreement.

Sample letter of termination of the supply agreement at the initiative of the buyer

The notice of termination of the supply agreement of the 2017 sample may look like this:

to CEO

OOO "World of Light"

Gladyshev Petr Alexandrovich

Voronezh, st. Lenina, d. 17, room. 5, of. 17

Notification

on termination of the supply contract unilaterally

On March 17, 2017, Mir Sveta LLC, represented by General Director Gladyshev P. A., and Intertechnotrade LLC, represented by General Director A. N. Vertoletov, concluded an agreement No. 251 (hereinafter referred to as the Agreement), the subject of which is the supply of energy-saving fluorescent lamps power of 30 W with a color temperature of 4000 K in the amount of 500 pieces. The total cost of the subject of the Agreement amounted to 52.5 thousand rubles. (fifty-two thousand five hundred rubles).

According to clause 5 of the Agreement, Intertechnotrade LLC may terminate it unilaterally if Mir Sveta LLC violates clause 3 of the Agreement.

According to clause 3 of the Agreement, Mir Sveta LLC assumed obligations to pay the cost of supplied energy-saving fluorescent lamps in full until May 15, 2017, however, payment was not made within the specified period, which, in accordance with clause 5 of the Agreement, is violation of its terms.

Based on the foregoing, Intertechnotrade LLC decided to terminate the supply contract unilaterally and send a corresponding notice to Mir Sveta LLC.

General Director of Intertechnotrade LLC A. N. Vertoletov: (signature)

24.05.2017

Results

So, when terminating the supply contract at the initiative of one of its parties, a prerequisite is that it sends an appropriate notification to the other party. At the same time, the document must contain information about both parties to the agreement, as well as set out the reasons why the contract is subject to termination, and indicate the date the document was sent to the counterparty.

nalog-nalog.ru

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.

At the same time, it should be noted that all agreements, regardless of their content, are a kind of preliminary agreement of intent, the execution of which must be confirmed by the presence of certain securities.

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:

start - information about the addressee and the applicant;
the main section - a request to terminate the application, as well as information about the contract and the reasons for its termination;
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:

the first and most reliable is to give it personally, from hand to hand to the service provider;
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;
transfer the application through a representative, but only if he has a valid, duly certified, power of attorney from the applicant;
send an application via e-mail, but only if such an order is specified in the contract;
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).

assistentus.ru

What is the difference between unilateral termination of the contract and refusal to fulfill the obligation?

Despite the fact that the issue of unilateral termination of the contract has been carefully considered by the legislator and is successfully applied in judicial practice, law enforcers still have many questions.

This is due to the fact that in the issue of regulating some highly specialized transactions, the Civil Code does not dwell on termination in detail, and therefore the general rules applicable to all contracts apply. But these rules are often misleading. One of the most relevant is the equalization of unilateral termination of the contract and refusal to fulfill obligations by one party.

In fact, these are two different concepts that have a different legal basis in regulation. So, unilateral refusal of obligations is quite possible in the field of entrepreneurial activity. Moreover, very often this condition is prescribed in the text of the transaction (if not, only in cases provided for by law). But unilateral termination is allowed through an appeal to the court.

In addition, these terms have different legal implications.

If we mean unilateral termination, then, despite the court act that has entered into legal force, the second party has the right to demand the fulfillment of obligations from the counterparty.

But a unilateral refusal to fulfill obligations excludes such authority.

O grounds for unilateral termination of the contract in the Civil Code of the Russian Federation

The first reason is as follows: if the law or agreement provides for the option of unilateral termination of the contract, such an agreement is considered terminated.

The second ground is a material breach of the terms of the transaction by the other party.

The legislator calls a significant violation a situation where one party may suffer such damage in which it may lose everything that it planned to receive in the transaction.

The third reason is a significant change in circumstances. This means that circumstances have changed in such a way that if the parties could have foreseen this, then the contract would not have been signed at all.

This is a list of grounds for unilateral termination of the contract of the Civil Code of the Russian Federation, which can be applied to all transactions. However, the rules of civil law provide for special cases for each specific contract.

A significant change in circumstances as a reason for terminating the contract

It's no secret that when concluding transactions, each of the parties tries to calculate for itself all the risks and get the maximum profit. Of course, this is one of the rules of entrepreneurial activity, but what to do in a situation where external circumstances have changed so much that the parties not only will not receive a profit, but will also remain at a loss? There is only one answer: immediately terminate the contract!

This is right. But it is quite possible that one of the parties will be satisfied with everything, and she will refuse to terminate. Then the other side will have to go to court.

For example, K. and S. entered into a long-term lease agreement for a warehouse, stipulating in the terms and conditions that the rent would be fixed, and did not provide for any options for changing it. This was beneficial for the tenant, as he insured himself against inflation and possible price increases. A financial crisis sets in, and the landlord declares that the amount of the fee is negligible and that an agreement must be drawn up for the contract to change it. The tenant, of course, replies that everything suits him. K. goes to court, but the judge refuses to satisfy the claim, explaining that by such an imperative condition of the contract, the parties assumed responsibility for the fact that circumstances may change.

So, it turns out that Article 451 of the Civil Code is not applicable in practice?

It is not necessary to draw unambiguous conclusions. The courts apply the provisions of this article subject to the simultaneous fulfillment of 4 conditions:

When the deal was concluded, the parties were sure that the situation would not change dramatically.
Circumstances arose for reasons that did not depend on the will of the interested party.
It does not follow from the text of the document and business practices that the risk of a change in circumstances may be placed on the party.
Further execution of the contract without changing the conditions would be disadvantageous for the parties.

O unilateral termination of the contract, sample notice of termination of the contract

There are 2 options for terminating the contract unilaterally:

Extrajudicial.
Judicial.

Let's start with the first one.

To begin with, we select the basis for terminating the contract and draw up a notice (See: How to write a letter (notice) about terminating the contract (sample)?). As a general rule, it is sent to the counterparty, and the party that sent it is waiting for a response. You don’t have to wait long: either within the period specified in the contract or notice, or within 30 days.

If your notice is answered and they agree to terminate the contract, then a termination agreement must be drawn up.

The legislator clearly states that the agreement to terminate the contract must be drawn up in the same form as the contract itself. There are no more requirements for this document, from which we can conclude that it is drawn up in an arbitrary form and its content depends only on the will of the parties.

Result: the agreement is signed, the contract is terminated.

The second option is litigation.

If you sent a notice of termination to the counterparty, and he does not respond in due time, then you have the right to apply to the court.

Legal consequences of termination of the contract

So, the contract is unilaterally terminated. What's next?

Firstly, from the moment of termination, the contract ceases to be valid. The only exceptions are continuing obligations.

But when does the contract expire?

From the moment when the termination agreement is signed (in case of an out-of-court settlement of the issue).
From the moment when the act of the court entered into force (when applying to the court).

Secondly, if the contract concerned the transfer of ownership of some thing, and in return a counter-performance of the obligation was guaranteed, then the termination of such an agreement leads to the fact that the thing will have to be returned to the previous owner. Otherwise, it will be considered unjust enrichment.

Thirdly, all rules on the calculation of penalties, interest, etc. will remain in effect until the obligation is fulfilled.

So, such a termination is possible. Moreover, in connection with recent events in the financial sector, this option for terminating relationships has become quite widespread. However, in order to competently perform this legal action, it is worth studying judicial practice in more detail.

nsovetnik.ru

Can be canceled unilaterally

In case of serious violations of the contract by another counterparty (violation of deadlines, provision of low-quality services or services not in full);
On the grounds provided for by the Civil Code, other regulations, or the service agreement itself.

The contract is canceled by the customer, who paid the contractor all the actual costs;
A letter of withdrawal from the contract is submitted by the contractor, provided that he has compensated the customer for the losses incurred.

Can be terminated early

Failure to fulfill the terms of the contract due to the fault of one of the participants;
Circumstances have arisen that do not allow further fulfillment of the contract (for example, relocation, imposition of sanctions, closing of the supplier's company, etc.).

How to write correctly

In order to withdraw from the service contract, the applicant must send a letter to the other party. After receiving the notification, the second participant must respond within 30 days.

The form of the letter of refusal of services is not approved at the legislative level, however, this document should contain the following data:

In the right corner of sheet A4, the so-called header is indicated: the name and address of the applicant and recipient of the notice;
In the middle of the sheet it is written: “Notice”, and on the line below it is specified: “on termination of the contract for the provision of (legal, consulting, auditing, etc.) services;
The text of the notification contains the details and the name of the agreement that was concluded, the name of your organization (or the name of the individual) and the name of the other party to the agreement;
A reference is made to the article of the law or/and the contract, which is the basis for its annulment;
In the final part, state your requirements or obligations. For example, if the notice is submitted by the customer, it is indicated: “I undertake to pay (cover) all losses incurred in connection with the termination of the contract.” If the termination of the contract is carried out due to the guilty actions of the other party, the applicant may demand the payment of fines, penalties, interest, which are provided for by the contract;
Signature of the applicant, seal of the company (if the notification is submitted by a legal entity) and date of preparation of the document.

You can transfer the notification directly to the contractor or customer. In this case, it is advisable to print the letter in two copies and ask to sign on receipt of the letter on your copy.

It is also allowed to send a letter of withdrawal by mail, but always with a notification of receipt.

LLC "Precedent"

address: Moscow, street, Lesnaya, 25, office, 34

phone: _____________

from CJSC "Zarya"

address: Moscow, Prospekt Mira, 26, office 15

telephone: ______________________________

NOTIFICATION

on unilateral withdrawal from the contract for the provision of legal services

On June 20, 2016, between me, Alexander Viktorovich Semenov, director of the Zorya ZAO, hereinafter referred to as the Customer, and Sergey Viktorovich Sidorov, director of Precedent LLC, hereinafter referred to as the Contractor, a contract for the provision of legal services No. 1 was concluded, hereinafter referred to as the "Contract". In accordance with clause 25 of the Agreement, in case of violation of the terms for the provision of legal services, the Customer has the right to unilaterally withdraw from the Agreement. In connection with the above fact, we inform you that the Agreement of June 20, 2016 No. 1 on the basis of paragraph 1 of Art. 450.1, Article 782 of the Civil Code of the Russian Federation, as well as clause 25 of the Agreement is considered terminated from the moment the Contractor receives this notification. We demand to return the sum of money in the amount of 50 thousand 450 rubles (fifty thousand four hundred and fifty rubles) by 01.12.2016 for legal services not provided.

01.10.2016 Signature

When to go to court

However, in order to have the authority to go to court, you should first try to resolve the dispute out of court by filing a notice of termination of the contract and a claim for damages.

mirblankov.ru

When do I need a sample termination letter?

The contract is the most important document not only in business, but also in the daily life of a person. In cases where the provisions of the agreement cease to suit one of the parties, or conditions have arisen under which further cooperation becomes impossible, the contractual relationship can be terminated both by mutual agreement and unilaterally. A prerequisite for terminating relations between counterparties is a letter notifying of its termination. For the correct preparation of the document, you can use sample letters of termination of the contract.

Conditions for termination of the transaction

The conditions under which the provisions of the contract are amended or the transaction is completely terminated are indicated initially, at the time of signing the contract. Otherwise, the unprofitable contract can be terminated only as a result of a court decision. Guided by the provisions of the civil code, the other party to the contract must be notified of the intention to terminate the transaction in writing, regardless of the reasons that led to such a decision. Sample letters of termination of the contract should not always be taken as a basis, since the grounds for terminating the transaction will be different depending on the specific situation.

Why is notice of termination required?

A termination letter is a way of notifying the interested party of planned actions. Sending such a letter allows you to fully comply with the formalities, legal requirements, protect your interests in the event that the other party goes to court. Having received an informing letter, the other party to the transaction has the right to respond to it within thirty days. In the event that no response is received within this period, the initiator of termination of the contract may apply to the court.
In the absence of mutual claims, at the end of the 30-day period, the contract may be considered terminated, regardless of whether a response to the letter was received or not. The letter of termination of the contract can be drawn up in free form. The text of the letter must contain the details of the parties, the existing requirements and claims, the reasons for terminating the contract and the procedure for the procedure. All wording must be legally literate, since when applying to the court, the content of the letter may become the basis for recognition / non-recognition of the eligibility of claims.

Sample letter of termination or termination of contract

For a legal entity, the letter is drawn up on the letterhead of a legal entity

Heat Sales Director

JSC "SIBEKO"

A.S. Lutsevich

Subscriber code ___________________

Dear Andrey Sergeevich!

I ask you to terminate with "____" ______. ( date of termination of the contract) contract No. ______ dated _________ for the supply and consumption of thermal energy in hot water ( or for the supply and consumption of heat energy and hot water), due ( indicate the reason for termination of the agreement by providing a document confirming the release of the occupied premises: sale of the premises, transfer of the premises to the department of property and land relations of the mayor's office of Novosibirsk, etc.).

Applications: 1.

Head of a legal entity Signature FULL NAME.

or another person who has the right to act on behalf of a legal entity (a copy of the power of attorney is attached to the letter).

Performer (full name of the performer)

Sample #2

Another sample template is a letter of termination of the contract due to breach of obligations.

Ref. N ______________ LLC "____________________"
From _____________, Minsk, st. ___________
__________________________
CHMP "____________________"
__________________________
Regarding the supply contract
N _____ from ___________ year.
Dear Sirs!
"___" ___________ ____ between your enterprise and PMP "____"
a supply agreement N ____ was concluded, according to which LLC
"___________________" should have been within the time period established by the contract -
"___" ______ ____ to deliver __________ at a price of _______
rubles per ton in the amount of ___ tons, for a total amount - _______
rubles.
Due to the fact that you did not meet the delivery deadline
was, and as a result of negotiations with you, we found that
the goods have not been shipped to date, therefore LLC
"______________" violated the essential terms of the supply agreement and
Your performance of the delivery is no longer of interest to us due to the delay.
Based on paragraph 2 of Art. 376, paragraph 3 of Art. 420 Civil Code of the Republic
Belarus, we hereby inform you that we
we refuse to accept the goods and consider the delivery contract N ______
from "___" ______ ____ terminated from the moment you receive
this notice by fax.
Sincerely,
Director ____________________

Filling instructions

Take a standard A4 sheet or letterhead of the enterprise (if any) and start the letter by indicating the initial details of the counterparty parties in accordance with the accepted rules for the design of business papers. Here you will need to write the name, form of ownership, bank details and address of each of the parties, participants in the contractual relationship.

These details can be copied from an existing contract, which is subject to change. 2 In this case, do not write the name of the document, but immediately go to the essence of the message, starting with the words "LLC ... notifies of the termination of the contract." Next, indicate the number of the contract under discussion, the date of its conclusion and the subject (brief content of the contract).

Here also indicate the reasons for terminating the current agreement (non-compliance with the terms of the contract, disruption of supplies, late payment, etc.), the conditions (procedure and method) on which it is proposed to terminate the contractual relationship. In conclusion, indicate the date of termination of the contract and the termination of the obligations assumed by the parties under it. 3 At the end of the document, write the position of the head of the organization authorized to sign such documents.

Leave space for printing and painting. In brackets, write the transcript of the signature (surname and initials). Register the letter as an outgoing document in accordance with the workflow rules adopted in your organization.
note
In the event that the contract does not provide for the procedure for terminating the contract and the counterparties failed to agree on a peaceful resolution of the disputed issue, it will be necessary to apply to the court for proceedings.

Useful advice
For the declared changes in the terms of the contract to take effect, you need to have confirmation of receipt of this letter by your partner. Therefore, it is best to send it by registered mail by Russian post with acknowledgment of receipt and a description of the attachment.

Why Unilateral Notification is Necessary

When drawing up any of the agreements, the participants can independently determine the procedure for terminating legal relations. In particular, this can be done in the following ways:

unilaterally;
by mutual agreement of the participants;
within the terms strictly specified in the contract;
in court on the basis of the claim of the interested party.

If one of the participants has decided to terminate the contract, then he is obliged to prepare a written notice (claim) to the second participant. If such a letter is not drawn up, and the party to the agreement arbitrarily terminates the implementation of the terms of the agreement, then he may be held liable for non-compliance with the terms of the contract, which may entail legal liability (including claiming a penalty or fine).

The second party - the recipient of the written claim - has only 30 days to prepare an official response to the letter. In the absence of a response after a month, the first participant may file a claim with the court demanding to terminate the legal relationship.

Attention! Before filing a lawsuit, it is necessary to confirm that the participant tried to resolve the conflict peacefully by preparing a claim, but the parties could not resolve the dispute on their own or the letter was ignored by the defendant. Every word must be documented.

The possibility of unilateral termination of legal relations is provided for in Article 782 of the Civil Code of Russia. The complexity of resolving the conflict, in this case, is associated with the resolution of financial issues. One of the participants pays the fines and compensates for the associated costs. And it is not always possible to resolve peacefully who will be entrusted with such obligations.

Requirements for the notification form

A written claim and a requirement to terminate the contract unilaterally are drawn up in a free form. But it is necessary to comply with the following universal rules, as well as taking into account such mandatory sections of information:

The heading of the document contains information about the sender and addressee. Since (in most cases) the participants are legal entities, you must fully indicate the name of the legal entity and the address of the company. If there are several recipients of the notification, then each letter contains a complete list of subscribers.
Detailed display of the details of the agreement the participant wants to terminate. This section of information indicates the date of execution of the contract, the circumstances and conditions for its signing / approval. The subject of the contract, that is, the essence of the legal relationship that has arisen, must be prescribed.
The reason for the termination of the contract must be indicated. Since it depends on the circumstances of the termination of legal relations which of the participants will compensate for the costs, pay penalties and to what extent.
Important notes include clarification of the date on which the agreement ceases to be legally effective. The display of this condition allows you to prevent delaying the consideration of the issue, and also guarantees that in the event of a peaceful resolution of the dispute, all formalities will be settled as quickly as possible.
An inventory of related papers that confirm the legality of the decision to unilaterally terminate the legal relationship between the participants.

Grounds for unilateral termination of the agreement

It is not always possible to prepare a notice of termination of the contract. The law provides for a limited list of circumstances that allow unilateral termination of the agreement. These include:

these reasons are provided for in the main agreement of the participants (in the absence of any disputes related to the termination of the contract);
the occurrence of events that are independent of the parties, but after the occurrence of which the further implementation of the contract is impossible;
material breach of the terms of the signed agreement.

Thus, guided by these rules, you can terminate any agreement.

Algorithm of actions of participants

Notifications are sent in a strictly prescribed manner. Specifically, participants will need to complete the following steps:

the interested party draws up a written notice indicating the reasons for termination of the contract;
transfer of the letter to the second party and, it is better to use sending methods in which you can confirm the fact of receipt of the letter by the second party of the legal relationship (Russian post, e-mail, through a courier);
if the second participant agrees with the requirements, then the parties sign an additional agreement to terminate the contract;
the actual settlement of all issues related to the operation of the agreement.

Features of sending a notification under different types of agreements

As noted above, guided by the indicated reasons, participants can terminate legal relations in any area. But when sending a written notice, the form and content will fully depend on the specifics of the legal relationship.

Termination of the lease

Both parties to relations related to the lease of property have legal grounds for unilateral termination of the lease agreement. To this end, a written notification is being prepared. But only the grounds for filing a letter will differ for the tenant and the landlord.

Termination of an employment contract

Termination of labor relations is carried out depending on the features of the signed contract. Namely:

According to the general rule, all contracts are open-ended, therefore, the desire of the employer to terminate the contract with a person is formalized by drawing up a written notice (the list of grounds for unilateral dismissal at the initiative of the head of the company is limited). The desire of the employee is formalized by writing a letter of resignation.
When signing a fixed-term contract three days before the stipulated term for terminating the agreement, one of the parties prepares a second notice with a request to extend the employment relationship. If none of the participants prepares a notification, then the contract will be terminated by default.

Regardless of which of the participants prepares a written notice of the desire to terminate legal relations, it is imperative to clarify the reason for terminating the contract.

The document is prepared in two copies. On one of them, the recipient puts a mark on the receipt of the document. If sending occurs through a courier or postal service, then the delivery company is marked. In this way, participants will be able to confirm compliance with the rules established by law for terminating legal relations.

The contract for the provision of services for compensation provides that one party (the contractor) undertakes, on the instructions of the other party (the customer), to provide services (perform certain actions or carry out certain activities), and the customer undertakes to pay for these services (clause 1, article 779 of the Civil Code of the Russian Federation). We are talking, for example, about contracts for the provision of audit, consulting, information, medical, veterinary services, training services, tourism services, communication services, etc. (Clause 2, Article 779 of the Civil Code of the Russian Federation).

Unilateral refusal to execute the contract for the provision of services for compensation is allowed on the basis of Art. 782 of the Civil Code of the Russian Federation, regardless of whether or not such a right is provided for by the contract. Moreover, the restriction of the right of any of the parties to the service agreement to withdraw from such an agreement may be invalidated (Decree of the Presidium of the Supreme Court of September 7, 2010 No. 2715/10 in case No. A64-7196 / 08-23).

What needs to be done to unilaterally withdraw from the contract for the provision of services, we will tell in our consultation.

How to cancel the contract?

The customer has the right, at its discretion, to refuse to execute the contract for the provision of services for a fee. But for this, he must pay the contractor for the expenses actually incurred by him (clause 1, article 782 of the Civil Code of the Russian Federation). At the same time, the contract cannot establish any sanctions (for example, a fine) for a unilateral refusal to fulfill the contract (Determination of the Supreme Court dated 10.05.2016 No. 5-KG16-47).

Accordingly, the contractor may also refuse to fulfill his obligations under the contract for the provision of services for a fee, but only if the customer is fully compensated for losses (clause 2, article 782 of the Civil Code of the Russian Federation).

It is important to take into account that it is not necessary to justify the refusal of the contract in any way, because the law does not require this (Determination of the Supreme Court of 10/12/2017 in case No. 16).

A notice, letter or act on termination of the service agreement is drawn up in any form. In it, with reference to the terms of the contract and Art. 782 of the Civil Code of the Russian Federation, the contractor or customer indicates their intention to terminate the contract. If desired, the reason why the parties refuse to perform the contract may also be indicated in the notice.

In the general case, the contract is terminated from the date of receipt of the notification (clauses 1, 2 of article 450.1 of the Civil Code of the Russian Federation), although a different date may be indicated in the notification itself.

Please note that compensation for losses (expenses) upon termination of the contract can be made both before and after the refusal to perform the contract. Including such amounts can be recovered in court (Question 5 of the Review of the Court Practice of the Supreme Court No. 1 (2015), approved by the Presidium of the Supreme Court on 03/04/2015).

The customer may withdraw from the contract not in full, but in part. In case of partial cancellation of the contract, this must be indicated in the notification (Resolution of the FAS MO dated November 01, 2012 in case No. A40-17091 / 12-93-164).

It is important to keep in mind that if the refusal is formalized by letter, then it should not look like a proposal to terminate the contract, but as an already made decision to refuse the contract (Resolution of the Federal Antimonopoly Service of 19.01.2011 in case No. A55-9746 / 2010). After all, the contract is supposed to be terminated not by agreement of the parties, but by a unilateral rejection of the contract.

The fact of notification of the opposite party to the contract must be documented. For example, by putting a mark on the receipt of the notification on the copy of the letter itself or by sending the notification by registered mail with a description of the attachment and a return receipt.

A selection of the most important documents on request Notice of termination of the supply contract(legal acts, forms, articles, expert advice and much more).

Forms of documents

Arbitrage practice: Notice of termination of the supply contract

Open a document in your ConsultantPlus system:
Refusing to cancel the decision to bring the general director of the company to administrative responsibility, under Part 1 of Art. 14.31 of the Code of Administrative Offenses of the Russian Federation, in particular, determining the general director of the company as the subject of liability, the arbitration courts reasonably proceeded from the fact that, since the event of an administrative offense in the present case is qualified as abuse of a dominant position, it cannot be reduced only to the actions of certain officials endowed with administrative and economic functions, since it requires the adoption of organizational and administrative decisions or assumptions by the management of the company; therefore, the fact that the head of the electric energy distribution section of the company signed notices on the termination of the contract for the sale (supply) of electric energy (capacity) and a notice on the introduction of a complete restriction on the mode of consumption of electric energy in itself cannot serve as a basis to consider these actions committed without the knowledge of the general director of the company , contrary to or outside the conscientious use of the head of the section official position.

Articles, comments, answers to questions: Notice of termination of the supply contract

If the contract does not specify the term for sampling the goods, the supplier is obliged to notify the buyer of the readiness of the goods for transfer. At the same time, in order to receive it, the buyer is given a reasonable period, until the expiration of which the goods must be in the supplier's warehouse (paragraph 2, clause 2, article 510 of the Civil Code of the Russian Federation). If the supplier fails to fulfill this obligation, the buyer has the right to terminate the contract due to non-delivery of goods (clause 1, article 523, clause 2, article 450 of the Civil Code of the Russian Federation).

The parties have the right to establish in the contract the moment from which the contract will be considered terminated in the event of a complete rejection of it or amended in the event of a unilateral change or partial rejection. This is permissible due to the dispositive norms of paragraph 4 of Art. 523, paragraph 1 of Art. 450.1 of the Civil Code of the Russian Federation. So, you can specify that the contract will be considered terminated after a certain time after the receipt of the notification by the counterparty.

Regulations: Notice of termination of the supply contract

4. The supply contract shall be considered amended or terminated from the moment one party receives a notification from the other party about a unilateral refusal to perform the contract in whole or in part, unless another term for terminating or amending the contract is provided in the notification or is not determined by agreement of the parties.

Can be terminated early

How to write correctly

When to go to court

Drafting a termination letter

What is the procedure for unilateral refusal of the supplier to fulfill the supply contract?

Sample letter of termination of the supply agreement at the initiative of the buyer

Results

What is the most common reason for this

What to refer to when terminating a contract

Features of drawing up an application

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

After writing the application

What is the difference between unilateral termination of the contract and refusal to fulfill the obligation?

O grounds for unilateral termination of the contract in the Civil Code of the Russian Federation

A significant change in circumstances as a reason for terminating the contract

O unilateral termination of the contract, sample notice of termination of the contract

Legal consequences of termination of the contract

Can be canceled unilaterally

Can be terminated early

How to write correctly

When to go to court

When do I need a sample termination letter?

Conditions for termination of the transaction

Why is notice of termination required?

Sample letter of termination or termination of contract

Sample #2

Filling instructions

Popular samples and document templates

Why Unilateral Notification is Necessary

Requirements for the notification form

Grounds for unilateral termination of the agreement

Algorithm of actions of participants

Features of sending a notification under different types of agreements

Termination of the lease

Termination of an employment contract

How to cancel the contract?

Forms of documents

Arbitrage practice: Notice of termination of the supply contract

Articles, comments, answers to questions: Notice of termination of the supply contract

Regulations: Notice of termination of the supply contract