Art. 453 of the Civil Code of the Russian Federation "Consequences of Amendment and Termination of the Contract"
Art. 450, 453 of the Civil Code of the Russian Federation determine the grounds and consequences of changes and termination of agreements. Let us consider the features of positions.
General information
Art. 453 of the Civil Code of the Russian Federation (current version) indicates that when the agreement is amended, the obligations of the participants remain. In this case, they acquire a form corresponding to the new conditions. If the agreement is broken, the obligations of the participants are terminated, unless otherwise stipulated by law or stipulated during the transaction.
Timing
According to Art. 453 of the Civil Code of the Russian Federation, termination of contracts or changing their terms entails termination / adjustment of obligations from the time of signing the relevant act. Another rule may be based on an agreement or the nature of the changes. If the termination or adjustment of the contract is carried out by a court decision, then the corresponding moment comes from the date of the entry into force of the act.
Additionally
Parties can not claim the return of thatwas performed under the obligation until the termination or change of relations, unless otherwise established by the terms of the transaction or by law. If one of the participants, having received the due to him, did not fulfill his obligation or presented an unequal execution to another subject, the rules on unjust enrichment are applied. If the termination or amendment of the contract is related to a material breach of the terms of one of the parties, another person may claim compensation for the losses caused by these consequences.
Explained
Art. 453 of the Civil Code of the Russian Federation formulates general consequences when changing and terminating agreements. Normally established rules determine the relationship between committed participants in the relationship of actions and obligations that existed before. In accordance with paragraphs 1 and 2 of Art. 453 of the Civil Code of the Russian Federation, when the agreement is terminated, the obligations cease to exist, and when the conditions change, they are adjusted in accordance with them.
Time moment
Considering Art. 453 Civil Code of the Russian Federation with comments, it is necessary to mention separately the rules for determining the legal fact with which the consequences of the 1 and 2 points of the norm are associated. In item 3, the order is established for two cases. The first one presupposes an agreement, the second - a judicial decision. In the latter case, there is an imperative rule. It presupposes that the change or termination of obligations occurs when the court decision comes into force. If the actions of the parties are based on mutual consent, then the rule is dispositive. It provides that the time when obligations are considered to be terminated or amended is defined in the document itself or follows from the nature of the adjustment of the terms of the transaction. This dispositive rule is also applied in cases of unilateral refusal to perform the contract.
Nuance
Term of entry into force of court decisionsis determined in the procedural legislation. For example, in Art. 209 CCP and 180 clause of the AIC the decision takes effect after 10 days from the date of the decision, and the act of the arbitration body of the first instance - at the end of the month, if no appeal is filed.
Legal Possibilities
Termination or change of relations does not deprivethe right to demand performance of the unperformed transaction. This provision is confirmed by the existing art. 453 Civil Code of the Russian Federation court practice. As indicated in the annex to the letter of the Presidium of the Supreme Arbitration Court, unless otherwise provided by the agreement, the termination of obligations relates to the future period. At the same time, the creditor retains the right to demand repayment of the debt that existed up to this point. This conclusion arose when considering the following situation. In the course of the proceedings on the suit of the company on recovery of arrears and forfeit for delay in their payment, the claimant was denied claims. The court explained its position by the fact that the disputed agreement was terminated by agreement of the parties. Accordingly, the obligations arising from the terms of the transaction are terminated under the second art. 453 Civil Code of the Russian Federation. The decision of the cassation instance was quashed. The court based its position on the following circumstances. According to paragraph 1 of Art. 407, the obligation is fully or partially terminated on the grounds established in the Code, other regulations or agreement. On the second point of Art. 453 of the Civil Code of the Russian Federation, obligations at the termination of the contract cease to exist. From the point of point 3 of the norm in question it follows that in such a situation the moment of termination of duties should be considered the conclusion of the corresponding agreement. It indicates the termination of the main contract. Until that moment, there were no circumstances that indicated the termination of obligations between the participants. Accordingly, the validity period of the contract has not expired by the time of its termination. Taking this into account, the court of cassation indicated that the defendant must pay the debtor the arrears. Due to the fact that the other is not provided for by the agreement on termination of the contract, the fact of termination does not eliminate the existing obligations and does not exclude the possibility of applying liability measures due to violation of the terms of the transaction. The consequences will be the lack of responsibilities in the future. The agreement on termination of the contract does not relieve the lessee of the debt and the need to pay a penalty for late payment.
Important point
In paragraph 4 of Art. 453 of the Civil Code of the Russian Federation established a ban on the demand for the return of everything that was carried out by the parties to the transaction until the termination or change of its terms. This provision indicates the inviolability of the proper implementation of obligations in accordance with the agreement, the prescriptions of legislative and other normative acts, and in case of their absence, by the customs of business turnover.
Features of the provisions of Art. 450, 453 of the Civil Code of the Russian Federation (with comments)
As one of the grounds for terminationor change the terms of the transaction in a court of law is a significant breach of the agreement by one of the participants. This provision is fixed in the 450 article (Section 2, Sub. 1). If the termination or amendment of the agreement occurred on this basis, then, in accordance with paragraph five of Art. 453, the victim may file a claim for compensation for the damage caused to the perpetrator. It must be said that the rule of the norm in question links the right to claim a loss with the occurrence of them directly due to the termination or amendment of the agreement. The key reason in this case is a significant violation of the conditions, which is allowed by one of the participants. It, in turn, is characterized by causing such damage, in which the party substantially loses what it could count on when signing the contract. Thus, losses are not due to the change or termination of the agreement, but due to the violation of one of the parties. The interested party is not deprived of the right to compensation for other losses in accordance with the general procedure for compensation provided for in Article 15 of the Code.
Example
To illustrate the specifics of the applicationcourts of the fifth part of the article 453 of the Civil Code, consider the following case. In accordance with the materials of the case, under the sale and purchase agreement, the seller (unitary institution) undertook to transfer, and the buyer (entrepreneur) - to take ownership and pay for the real estate object - basement room under a 46-square-meter store. m. The parties have complied with the terms of the agreement. The buyer made a payment on the payment document, the basement was provided to him on the act of acceptance. At the same time, in accordance with the extract from the data sheet, the basement area was not 46, but 24.2 square meters. Referring to this circumstance, the entrepreneur sent a claim to the seller. In it, he pointed out the need to make changes to the signed agreement. In particular, the seller should indicate instead of 46 a different figure - 24.2 square meters. m, as well as reduce the cost of the object and return overpaid funds. Unitary enterprise refused to comply with the requirements of the entrepreneur. Accordingly, this was the basis for going to court.
