Publication date: 05.04.2024
I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.
The terms of civil law contracts can be changed by agreement of the parties in any way convenient for them. In general, the terms of the contract can be changed in three ways, namely: by agreement of the parties (in the case when no disputes arise between them), by unilateral change, and also in court if there are clearly established grounds. In any case, the parties must comply with the general requirements.
Change of conditions by agreement of the parties:
Changing the terms of the contract by agreement of the parties can occur by concluding an additional agreement defining new conditions or changing existing conditions.
Negotiations and approvals: The parties agree on changes to the terms of the contract through negotiations and agreements. This may include discussing specific changes, setting timelines for implementation, and other issues related to the change. After reaching agreement, the parties enter into an additional agreement, which fixes changes to the terms of the agreement. This agreement must be signed by both parties.
Written Form: The amendment agreement must be in the same form as the main agreement to be legally binding. The signing of an additional agreement confirms the agreement of the parties to the changes.
Registration: Depending on the nature of the contract and the law, a supplemental agreement may require registration or other formalities in order to be legally valid.
Compliance with new conditions After concluding an agreement, the parties are obliged to comply with the new conditions of the contract, which were changed by agreement. This process ensures that changes to the terms of the contract are legal and clear and that misunderstandings between the parties are avoided.
Features of a unilateral change in the terms of the contract:
Unilateral modification of the terms of a contract is a complex issue and is usually only permitted in exceptional circumstances and subject to certain conditions. Here are some important aspects to consider:
Checking the terms of the contract: Before making any changes to the terms of the contract, you should carefully check the contract itself and see if it contains provisions on the possibility of unilateral changes to the terms. In this case, the parties may need a legal analysis of a contract. If one of the parties wants to make a unilateral change to the terms of the contract, it must have valid reasons for this. For example, changes in legislation that require adjustments, or changes in circumstances that have an important impact on the performance of the contract.
Communications and Consultation: Typically, a party wishing to change the terms of a contract must notify the other party of its intentions and consider possible alternatives or proposals. This may involve negotiations and consultations between the parties.
Legal consequences: Before unilaterally changing the terms of a contract, its legal consequences should be carefully considered. Failure to comply with the terms of the contract or unilateral changes can lead to legal problems, including breach of contract and damages. In most cases, a unilateral change in the terms of the contract is considered unacceptable without the mutual consent of the parties or if this is provided for by the terms of the contract.
Changing the terms of the contract in court:
Changing the terms of a contract in court is a rare situation and can only occur in cases where one of the parties proves that changing the terms is necessary due to non-fulfillment or violation of the terms of the contract by the other party, or in the event of a significant change in circumstances. Here are a few steps that can be taken in order to change the terms of the contract:
Filing a lawsuit: A party who wants to change the terms of a contract in an order can file a lawsuit in court, where he determines his claims and demands.
Evidence of Breach of Terms: At trial, the party suing must provide evidence of a breach of contract by the other party or a material change in circumstances. This may include documents, witness statements, expert reports, etc.
Court decision: After considering the case, the court makes a decision to change the terms of the contract. This decision may be corrected or changed through an appeal, cassation or other judicial appeal procedure.
Compliance with the decision: If the court has decided to change the terms of the contract, the parties must comply with this decision. If one party does not comply with the court's decision, the other party may petition the court to enforce the decision. Changing the terms of the contract: After the court makes a decision and implements it, the parties must comply with the new terms of the contract that may be established by the court. This process should be considered as a last resort in cases where other methods of dispute resolution have failed.
Analysis of contracts by a lawyer when conditions change:
The services of a lawyer may be useful when implementing any of the above methods of amending the contract. In the first case, an analysis of documents by a lawyer will help to conclude an additional agreement that would meet all legal requirements. In the event of a unilateral change, legal analysis of documents will help to avoid violations of the law, because in this case it is necessary to analyze the terms of the contract in detail and follow the established procedure. As for the judicial procedure, the lawyer will represent the interests of his client, prepare procedural documents, and collect the necessary evidence.
