Termination of the contract unilaterally: is it possible?
As a rule, the termination of the contract unilaterally is unacceptable. The legislation of the Russian Federation provides for the possibility of termination of transactions on the initiative of one of the parties in some exceptional cases. Let's break them down in more detail.
According to law
If the Civil Code or some other regulatory act provides for a unilateral refusal of an agreement, then it means an extrajudicial procedure for terminating a transaction. That is one indication of such a possibility in the law is enough; you do not need to go to court. In this order, for example, it is possible to terminate the contract for the supply of services, purchase, sale and contract. True, this extrajudicial order also has variations. The refusal to perform the contract in some cases may be acceptable only under certain conditions. For example, if the contractor breaks all the stipulated terms under the contract, the customer has the right to refuse the agreement and demand compensation for damage.Also, the termination of the contract unilaterally can be legitimate and without taking into account any factors. So, if the term of the contract is not indicated, either party can refuse it, having previously warned the other party of such intention.
Only in court
Some norms of legislative acts directly indicate that the termination of a contract unilaterally is possible only by a court decision. The Civil Code stipulates that in this way the contract of donation, lease and others can be terminated. Another question is when one of the parties seriously violates the terms of an agreement. The court has the authority to decide on the termination of a particular transaction, if such violations have been identified and cause no doubt.
The law does not prohibit the possibility of unilateral refusal to execute a transaction in the contract. To avoid future misunderstandings, it is better to include such an item in the document. Also, contractors have the right not to indicate the possible reasons for its termination. If there is no such item, you will have to figure out how to terminate the contract in accordance with the law.
Termination of the contract unilaterally will always have some consequences for each of its participants (not always pleasant). All obligations that have been specified in the agreement, completely cease to exist, which additionally must be a special agreement. If the termination was made in the court, the transaction is considered to be completed from the date of the announcement of the relevant court decision. If any of the parties to the contract has committed violations of its provisions, the victim may demand compensation for damages in this regard, request a refund of an advance upon termination of the contract, or perform other actions provided for by law.
And if the obligations are fulfilled?
Remember, the cancellation of the contract on the initiative of one participant in the transaction is possible only until its full execution. If the transaction has already been fully completed or at least one of the participants has already fulfilled all its obligations, the procedure for termination of the agreement unilaterally does not apply. Unfortunately, practice shows that cases of termination of contracts on unilateral initiative are quite rare. But still this is not a reason to give up.If you have irrefutable evidence, justice will be on your side.