Unilateral refusal of the contract is possible, only if the performer violated his conditions

21 December 2015, Monday

The Ministry of Economic Development draws this conclusion, proceeding from system interpretation of provisions of the law N 44-FL. It agrees one of them the customer is obliged to cancel the decision on unilateral refusal of performance of the contract which didn't come into force if violation of its conditions was eliminated in time.

It should be noted: follows from provisions of the specified Law that it is possible to terminate the contract unilaterally and on the basis of the Civil Code of the Russian Federation if it is fixed in the contract. The right of the customer to refuse the contract of rendering services even if violations from the performer aren't present provided that the customer compensates all his expenses is provided in the code. Legitimacy of such refusal is confirmed also by jurisprudence.

Document: Letter of the Ministry of Economic Development of the Russian Federation of 21.09.2015 N D28i-2821

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