Termination and modification of the framework agreement

[subornaakter40]

The modification or termination of a framework agreement is carried out on the general grounds applicable to any type of civil law agreement. A clause on recognizing the agreement as invalid or on making amendments may be included in its main section (clause 3, Article 450 of the Civil Code of the Russian Federation).

Please note that the termination of additional paraguay mobile phone numbers database contracts does not automatically invalidate the framework agreement.

Termination of a framework agreement

Source: shutterstock.com

The opposite is also true: termination of a framework agreement does not entail termination of additional agreements if they were concluded on its basis before this date. If the signed agreements contain references to the terminated framework agreement, it is considered valid until the expiration of the additional contracts. There are no provisions in the Russian legislative framework that directly prohibit the parties from renewing a previously terminated agreement.

Errors in concluding a framework agreement
The weak point of a framework agreement is its vague wording, which leads to ambiguous interpretation. Let's look at common mistakes that can be made when concluding a framework agreement.

The main contract has not been executed
There are often situations in which customers meticulously list and record the terms of the framework agreement, but after the start of cooperation they forget to document all the essential terms that were not previously reflected. That is, in essence, they do not have a main agreement with the counterparty.

What are the possible consequences? Since the framework agreement is rather declarative in nature, i.e. it does not contain the exhaustive terms of the contract, its signing implies subsequent correction (clause 1 of Article 432 of the Civil Code of the Russian Federation). Thus, all further work on coordination will be unproductive if it is not planned to draw up the main contract. After all, in the absence of documentary recording of the terms, volumes and cost of actions, it will be difficult to present claims to the counterparty.