Contract law. Termination of the contract (most important)

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Contract law. Termination of the contract (most important)

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16. TERMINATION

Contract may be terminated prior to completion. both as a result of purposeful volitional actions of the participants in the transactions themselves, and for other reasons, regardless of their will and desire. The Civil Code of the Russian Federation provides an approximate list of grounds for termination of the contract, which can be expanded by laws, other legal acts or the contract. The contract may be terminated in whole or in part.

Termination of the contract at the request of one of the parties is allowed only in cases provided for by law or an agreement (clause 2, article 407 of the Civil Code of the Russian Federation). The contract is terminated in whole or in part due to the unilateral will of one of the parties upon the forgiveness of the debt and the offset of a counter homogeneous claim.

The contract can be terminated on the basis of agreements on compensation (Article 409 of the Civil Code of the Russian Federation) and on novation. The compensation agreement in itself does not entail the termination of the contract; it is terminated only by the actual provision of compensation (payment of money, transfer of property, etc.) agreed upon by the parties in return for performance.

An obligation is also terminated on grounds other than transactions:

1) due to the coincidence of the debtor and the creditor in one person (Article 413 of the Civil Code of the Russian Federation);

2) due to the impossibility of performance, if it is caused by a circumstance for which neither of the parties is responsible (for example, a thing to be transferred to the buyer burns out during a fire). If the debtor's impossibility to fulfill an obligation is caused by the creditor's guilty actions, then the creditor is not entitled to demand the return of what he performed under the obligation (Article 416 of the Civil Code of the Russian Federation);

3) due to the impossibility of fulfilling the obligation in whole or in part as a result of the issuance of an act of a state body (Article 417 of the Civil Code of the Russian Federation). In this case, the parties have the right to compensation by the state for the losses caused;

4) due to the death of the debtor or creditor in an obligation of a personal nature: if the performance cannot be made without the personal participation of the debtor or the obligation is otherwise inextricably linked with the personality of the debtor; or if the performance is intended personally for the creditor or the obligation is otherwise inextricably linked with the personality of the creditor (Article 418 of the Civil Code of the Russian Federation). An obligation that is not related to the personality of its parties does not terminate in the event of the death of the creditor or debtor. The rights and obligations arising from the obligation pass to the heirs of the deceased;

5) as a result of the liquidation of a legal entity - a debtor or creditor (Article 419 of the Civil Code of the Russian Federation), except for cases when the law or other legal acts impose the fulfillment of the obligation of a liquidated legal entity on another person.

Author: Rezepova V.E.

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