Possible cases of termination of the contract for the provision of services
The parties refuse to fulfill their obligations for various reasons:
One of the parties to the agreement has committed gross violations, and the other does not wish to continue to comply with the terms of the agreement.
Due to the current conditions, the parties no longer expect to receive what they expected at the time of signing the agreement. Moreover, it is assumed that the parties could not foresee such a change in circumstances in advance. And if they could, they would not have entered into the agreement or would have included other conditions in it.
These reasons are valid for any treaty. There is an important point here: for them to come into force, it is necessary that the parties first attempt peaceful negotiations.
Regarding violations, a claim armenia email list should first be made and the terms of the agreement should be fulfilled. Regarding circumstances, the parties should try to review the agreement and make changes to it. In each case, the refusal comes into force only after the application has been considered in court and provided that the party initiating the termination has not been fined or otherwise punished (under the current agreement or law).
But with a service agreement, things are a little different. According to the law, each party, without going to court, can unilaterally stop fulfilling the terms of the agreement.
This may be somewhat contrary to general legal principles, but that is the law.
Procedure for termination of the contract for the provision of services
The procedure for one of the parties to an agreement to refuse to fulfill its contractual obligations is set out in Article 450.1 of the Civil Code (in effect since March 2015).
Step by step it looks like this:
The party that decides to terminate the agreement draws up a notice (referring to the law) and sends it to the address of the other party.
As soon as this document is in the hands of the recipient, the contract is terminated.
All expenses or compensation for losses (from unilateral or early termination of cooperation) are borne by the party initiating the termination.
According to the current legislation, both the customer and the contractor have the right to express a desire to refuse cooperation. But the code imposes separate requirements on each of them.
Regarding the customer
According to the Civil Code, the customer has the right to cancel the contract for the provision of services at any time. The law only prescribes compensation for the contractor's expenses already incurred under his order. And here we are not talking about compensation for lost profits. According to the current legislation, this does not concern the customer in any way and no one can make demands for reimbursement of this part of the contractor's expenses.
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The customer has the right to express a desire to unilaterally terminate the contract for the provision of paid services, regardless of whether the service has been started or not. However, it should be taken into account that the procedure for settling accounts with the contractor will be different in each case. If the work has not yet been started, the customer compensates for the preliminary costs (if any). And if some part of the work on the provision of the service has already been completed, the customer pays for this finished part, which he has already consumed (used). This is an important note for cases where the contract specifies a phased payment for the service, i.e. a monthly, weekly payment or according to another schedule.
For example, contracts for the removal of solid household waste or the provision of communication services, etc. are concluded under similar conditions.