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. At the same time, 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 entry into force of the act.

Additionally

The parties can not claim the return of what was performed on the obligation until the termination or change of relations, unless the other is established by the terms of the transaction or by law. If one of the participants, having received due to him, failed to fulfill his obligation or presented an unequal execution to another entity, 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, upon termination of the agreement, the obligations cease to exist, and when conditions change, they are adjusted in accordance with them.

Time moment

Considering Art. 453 of the 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 agreement, then the rule is dispositive. It provides that the time when obligations are considered to be terminated or amended is determined 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

The effective date of the court decisions is 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 deprive the party of the right to demand performance of the unperformed under the 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 YOU, unless the agreement is based on an 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 the penalty for late 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 in accordance with 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 completely 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, the 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 indicate the termination of obligations between the participants. Accordingly, the validity period of the contract has not expired by the time of its termination. With this in mind, the court of cassation indicated that the defendant must pay the debtor arrears payments. 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. Agreement on termination of the contract does not relieve the tenant of the debt and the need to pay a penalty for late payment.

An Important Moment

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 conditions. 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 Civil Code of the Russian Federation (with comments)

As one of the grounds for terminating or changing the terms of a transaction, a significant breach of the agreement by one of the participants appears in court. This provision is fixed in Article 450 (paragraph 2, sub-item 1). If the termination or amendment of the agreement occurred for this reason, then, in accordance with Clause 5, Cl. 453, the victim can bring to the guilty a claim for compensation of the damage. It is necessary to say that the rule of the rule in question connects the right to make claims for losses with the emergence of them directly due to the termination or amendment of the agreement. As a key reason in this case is a significant violation of the conditions, which is admitted by one of the participants. It, in turn, is characterized by causing such damage, in which the party is substantially deprived of what it could expect when signing the contract. Thus, losses do not arise as a result of a change or termination of an agreement, but in connection with the admission of one of the participants of violations. 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

In order to illustrate the specifics of the application of the fifth part of Article 453 of the Civil Code by courts, we consider the following case. According to the materials of the case, under the agreement of sale and purchase the seller (unitary institution) was obliged to transfer, and the buyer (entrepreneur) - to take ownership and pay for the immovable object - the basement under the store with an area of 46 square meters. M. The parties fulfilled the terms of the agreement. The buyer paid the payment document, the basement was given to him by the act of acceptance and transfer. Along with this, according to the extract from the technical passport, the basement area was not 46, but 24.2 square meters. M. Referring to this circumstance, the entrepreneur sent a complaint to the seller. In it, he pointed to the need to amend the signed agreement. In particular, the seller was to specify instead of 46 a different figure - 24.2 square meters. M, as well as reduce the cost of the object and return the excessively paid funds. The unitary enterprise refused to comply with the requirements of the entrepreneur. Accordingly, this served as the basis for the application to the court. The first instance denied the application. She explained her conclusion by the fact that the plaintiff did not prove a material breach of the terms of the agreement. The appellate instance agreed with this position. At the same time, she recognized that the fact of granting to the entrepreneur premises of a smaller area than agreed was established, and satisfied the claim in part, collecting damages from the defendant in accordance with the provisions of Articles 456 and 556 of the Civil Code. The Court of Cassation, in turn, did not recognize as justified and legitimate the earlier decisions regarding the refusal to amend the initial agreement of the parties. She pointed out that, according to clause 2 450 of the article, the transaction can be terminated or its terms can be changed if one of the parties to a significant violation is admitted. According to Art. 452, the relevant requirement may be put forward in case of compliance with the claim procedure. In particular, the victim should send the corresponding offer to the second party. In case of refusal to fulfill claims or failure to receive a response within the time period established by the applicant (or within 30 days), the injured party can apply to the court. The cassation instance took into account that, by agreement, the unitary enterprise was to transfer a room of 46 square meters. M. The plaintiff, in fact, received an object with an area of 24.2 m ² . This circumstance is confirmed by an extract from the technical passport and the control measurements carried out. The court of cassation also indicated that the plaintiff had observed the procedure for amending the agreement established by law. Accordingly, the disputed acts are subject to partial cancellation, and the claims - to satisfaction. In addition, the decision regarding damages was left in force.