Advice 1: How to write a letter of termination

Before, submit a claim statement about the termination of the contract in court, you should try to settle issues with the partner. The civil code of the Russian Federation reglamentary rules termination or change of contracts (Chapter 29). For example, the agreement may be terminated as by mutual agreement (clause 1 of article 450), and unilaterally (item 2 of article 450).
How to write a letter of termination
Instruction
1
The contract may be terminated based on the failure of partner commitments, poor quality of services (works), unsatisfactory quality of goods purchased. In the latter case, the statement on termination of the contract of sale must specify the relevant articles of the Federal law "On protection of consumers' rights.
2
In that case, if the partner refuses to change (cancellation) of the contract and does not respond to your demands within 30 days, you can file a statement of claim statement to the court about termination of the contract.
Petition statement on termination of the contract shall be in accordance with the requirements of the Civil procedure code of the Russian Federation for natural persons, and in accordance with the requirements of the Arbitration procedural code of the Russian Federation for legal entities.
3
In the header of the statement of claim specify the name of the arbitration court, the exact details of the parties plaintiff and defendant, the cost of the claim.
The statement intelligently and convincingly present your case, formulate and justify their claims, attach necessary documents.
4
Next, state your requirements on the basis of the caused material and moral damage.
At the end of the application do application, which will list all the documents attached to the claim its calculation of damages.
5
Sign the statement, date of submission of the application.
Properly drafted statement of claim statement leads to a positive court decision, the result of which is the termination of the contract and damages.However, few citizens have sufficient legal literacy to correctly write the statement on termination of the contract. In this case, it is advisable to turn to professional advocates or lawyers.
Note
These documents may be useful to You: 1. Standard contract of provision of legal services. 2. The statement of claim about recognition of the contract of sale null and void. 3. The requirement for the termination of the contract of sale. 4. A power of attorney for representation in court. 5. The inventory of mailing of the statement of claim to the court.
Useful advice
The statement of claim on contract termination may be filed in court if the plaintiff's claim for termination or amendment of the agreement by the defendant was ignored (if you have not received a response within 30 days), or they were rejected. It should be noted that in some cases the refusal to perform the contract unilaterally, for example, if the second party to the contract was not performed the counter-obligation...

Advice 2: How to terminate the contract legally

"Not letting the word be patient, and DAV – here" - says the proverb. In the modern world to fulfill the promise commits us not morality, and the law, "the word", which must be kept fixed in the contract. Still, not every contract is performed, there is often the need for termination to terminate the obligations under it.Upon termination of the contract should be guided by Chapter 29 of the Civil code of the Russian Federation (further – GK the Russian Federation).
How to terminate the contract legally
Instruction
1
Part 1 of article 450 of the civil code provides for the right of the parties to a contract (counterparties) to terminate it by mutual agreement. As a General rule, the agreement on cancellation of the contract shall be made in the same form as the document itself. The civil law knows the following forms of contracts: oral, simple written and notarial written. The same forms will for an agreement on its dissolution, respectively. If the contract is not concluded between two or among several persons, to the agreement on its dissolution must come to all partners without exception.
In the agreement on termination of the contract the parties may specify the time as of which the obligations of the parties deemed to be terminated. This point may not coincide with the conclusion of the agreement itself, and to be delayed. Especially if such a moment does not specify the obligations of the parties shall cease at the time of signing of the agreement on termination of the contract.
2
Not always, the parties can come to a mutual agreement. In practice, a more common situation is when the desire to terminate the agreement shows only one of the parties. In this case, can not do without a court (part 2, article 450 of the civil code). At the request of one of the parties to the contract may be terminated on the following grounds: (1) if a material breach of contract by the other party, (2) in other cases stipulated by the legislation or contract.
3
Before to address in court with the claim must comply with statutory pre-trial procedure: direct to the contractor (or contractors, if more than one) offer to terminate the contract by mutual agreement. This is best done in written form: the court will need visual proof of compliance with this procedure. In a letter (statement of complaint, the complaint – the name does not matter) you should set the time frame for a response; if not, then the answer would have to wait for 30 days. Sometimes it is set by the contract or law in respect of individual contract.
If at fault, the counterparty refused to cancel the contract or did not respond at all, you can go to court.
4
Dispute with participation of physical persons will be considered by the district court of General jurisdiction, with the participation of legal entities and individual entrepreneurs – the court of arbitration. The statement of claim filed in the court of General jurisdiction, and the documents attached thereto, must conform to the requirements 131, 132 of the Civil procedure code of the Russian Federation; requirements to the form and content of the statement of claim submitted to the arbitration court, and the attached documents are contained in articles 125, 126 of the Arbitration procedure code of the Russian Federation.
If met pre-trial settlement of the dispute, the claim is properly formulated, the plaintiff presented the required evidence, the court adopts the decision on termination of the contract. From the moment the court decision comes into force the contract shall be terminated and obligations of the parties under it shall cease.
How to terminate the contract legally

Advice 3: How to write a complaint to the consumer protection

According to the Law on the protection of the rights of consumers of the Russian Federation, the buyer is not satisfied with the quality of the product or service, can write a claim (statement) to the society or the division for the protection of the rights of consumers at the place of residence. In order for the claim to be accepted, it must supply facts, confirmed by documents.
How to write a complaint to the consumer protection
Instruction
1
Make a statement in defense of the rights of the consumer. In the header write, and to whom I served this statement, add your address, passport details and contact phone number. The body of the letter state when and under what circumstances infringed on your rightsas a buyer. Remember that statement - the official document, it needs to refrain from words expressive color. Present only the facts, the dry business language.
2
Be sure to specify the date when the incident occurred (date of purchase defective goods or inadequate services, for example). Describing your claim, you can refer to the corresponding articles of laws of the Russian Federation, if known. Fill in the details of the seller or staff, to which you have a valid claim.
3
At the end of the claim specify your requirements on the basis of the above facts. Example: to arrange a test in the shop or public catering enterprise, based on selected facts. Be sure to submit all the documents you have on hand. It can be checks, as cash and commodity, warranties, rightskey... do Not give the originals, make copies.
4
Please contact the office for the protection of the rights of consumers in the community, bring them a written claim for your personal signature and ask her to endorse. If the representative of Department of protection of the rights of consumers refusing to accept your statement, he must specify the reason.

Advice 4: How to write a claim for damages

To appeal to the court with such a complex matter as the claim for moral damages, you need to make a claim. It should be guided by article 131 of the Civil procedural code of the Russian Federation, which lists all requirements for content and form of such a document. Failure to comply the court may refuse to consider the case on the basis of article 136 GPK the Russian Federation.
How to write a claim for damages
Instruction
1
For starters, check out fragment of claim, which contains the introductory part of the document. In it you must specify the first three items from the list of compulsory placement in a lawsuit. The first of them calls the court referred the claim for consideration. The following - last name, first name, middle name plaintiff's and address. The latter concerns the defendant and filled in a similar manner. Not be amiss to write and contact numbers for communication. In addition, you can also report the price action. That is, the sum of moral damage and, if necessary, material.
2
The title of the document — "Claim statement" — position in the centre and underneath briefly describe the essence of the appeal to the court: "about compensation of moral harm". In the reasoning part of the claim, include the following mandatory paragraph. Describe, adhering to the business style of writing, what exactly is the violation of your legal rights and freedoms. What are the physical and mental suffering was caused to you. Remember to refer to specific articles of the law and avoid emotional evaluations of the incident. The next section should be devoted to a description of the circumstances surrounding the development of negative events, as well as bringing proof of the legality of your claims to the defendant. In addition, don't forget to tell us about your attempts of pre-judicial settlement of the dispute, Reaffirming their documents.
3
In conclusion, please contact your court to suit your requirements, listed after the word "Requested." Last of the required sections of the application should contain a numbered list of documents attached (receipt for payment of the state fee, a copy of the complaint, a copy of the certificate, the calculation of damage, etc.). In the end, under the text, the left margin of the sheet write the date and personal signature.
Note
Do not forget to prepare the number of copies of your claim by the number of participants in the case.
Useful advice
Cases of moral damage in our country are considered to be relatively new and complex, so it is better to turn to experienced lawyers. They will help you make the correct calculations based on facts and jurisprudence, rather than emotion and flawless action.

Advice 5: How to make a statement about the termination of the contract

The right to terminate the contract unilaterally at any time in its sole discretion provided by each of the parties to the agreement. The civil code of the Russian Federation determines the procedure in article 782. Misfiled appeal to the partner that contains a message about the termination of the contract may be invalidated. So you need to pay special attention to the peculiarities of its drafting.
How to make a statement about the termination of the contract
Instruction
1
First and foremost, you should know that the document will be of a notifying character, why not name it the statementand notice. The unified form of such recourse to a counterparty exists, therefore, permitted its preparation in any form. Note that the main requirements here are to contents. Prepare your original contract because you need the information that it contains.
2
Start your message with the placement of the document name "Notice" in the Central upper part of the sheet. Further, according to the rules, you must make a short reference to the content of the appeal. Legally correct wording here would be "unilateral refusal of execution of the contract". This variant of the theme definition is to be applied at termination of the agreement without trial.
3
Top left, place your own details, but in the opposite direction of the addressee. For each of the parties should indicate name of organization, INN, KPP, coordinates for communication. In the part of the partner enter in the dative case in the dative case position of the head, his name and initials. It is best to make a message on the letterhead of your organization, not to write own details. If there is none, you can put in the right corner of the document corner stamp of your company.
4
Filling the content of the posts start with links to the Treaty, writing and number, date of conclusion and place. Now name the parties to the agreement. The procedure is greatly simplified if it was a paragraph stipulating the conditions and procedure for termination of the contract. In this case, write "in accordance with paragraph ..." and cite the conditions stated in it. Next, report the violation which the terms in question, specify the date from which the contract will be terminated. In conclusion, write the date of the contract, leave a place for painting of the head and of the press.

Advice 6: How to write the statement correctly

Surely you at least once in my life had to write a statement. And all the time you are faced with the idea, but how to make it, because it obeys certain rules?
How to write the statement correctly
Instruction
1
Some types of applications, for example, the granting of leave or dismissal, written exclusively by hand, and, for example, a lawsuit can write yourself, but you can print.
2
Anytime a statement starts with the so-called "cap", which is located in the upper right corner – in the first line indicate the position, surname, name and patronymic, who is the addressee of the statement. In the second line, write your details: name, surname, position in the genitive case.
3
Then in the middle is written the name of the document "statement" in small letters. You should now proceed directly to the text of the document. So, if you need to write a statement on a vacation, start with the words: "Please give me another vacation with "the number.a month.year" by "number.a month.year." If you take a vacation at their own expense, add the phrase "leave without pay". Under the text on the left side put the date on the right – his signature.
4
You have decided to quit my job. Fill out the application same as above – write to whom it is addressed and from whom. Hereinafter, a document name "statement". Red lines specify the request: "I Ask to dismiss me from the post (specify the reason) such number". Below put the date and personal signature on the right.
5
And how to write a statement to the court? Take this as a serious question - how you will make this document, may depend on the outcome of the case. First, you need to specify the name of the court where you are applying. Then, write your details – name, surname, patronymic, address, the name of the Respondent and his address. Next, you should specify the reason of submission of the application to the court. As much detail as possible, specify all violations of your rights and the grounds for the suit demands. Describe the nature of the business, but at the same time be concise. Also in the statement you will need to Express their demands. Base them on the law. Stated in the lawsuit and amount requested by the plaintiff. Then, write a list of documents that you must attach to the application, date and signature.

Advice 7: How to apply for a divorce

Statement on dissolution of marriage is the main document when making a divorce, and it is fixed in the organs recording acts of civil status. It is confirmed by the mutual consent of spouses on dissolution of marriage. The procedure of preparing an application varies from case to case and from changes in the legislation.
How to apply for a divorce
You will need
  • - copy of marriage certificate
  • - the documents proving the identity,
  • - signature of the defendant.
Instruction
1
Statement on the dissolution of marriage is served jointly by both spouses. As a rule, it is necessary to specify:
- surname, name, patronymic, date of birth, citizenship, nationality, place of residence, place of birth;
the details of the marriage contract (certificate on conclusion of marriage);
- names that I want to leave the wife after dissolution of marriage;
- passport data.
2
Also contains copy of the claim with enclosed receipt for payment of registration fee. If you have minor children, specify their names and dates of birth. You also need to specify the date from which the marital relationship with the defendant can be considered terminated. The statement is sometimes prescribed reconciliation. If there are any property disputes or questions on the content of children, it must also be specified. Otherwise stated: "Disputes on the content of the children and determination of their place of residence do not exist – the children remain with the mother (father). Disputes about property are also missing."
3
With the claim about cancellation of the marriage, appeal to the magistrate of the plot, which spelled out the defendant. If a minor child lives with the plaintiff, it is possible to address also in the area. A statement signed by the two applicants jointly, and the date of its publication. If one of the spouses is not possible to be in the registry office a statement may be issued as two separate documents. However, the applicant's signature do not appear on the procedure certified by the notary and only then has power.
4
Further, the statement is recorded, and the dissolution of marriage occurs through a month in the presence of at least one of the spouses.
Note
If there are cases of domestic violence, in addition to filing a unilateral Declaration of dissolution of the Union should also contact the police. Confirmation that indeed there are cases of beating or causing harm positive impact on the speed of the divorce process.

Advice 8: How to write an application to the court on the employer

If the illegal dismissal, nonpayment of remuneration an employee is entitled to apply to the court for the employer. This is the claim statement. It is transmitted to the district courtebnoy instance. Labour disputes are regulated by the Labour code of the Russian Federation and can be allowed only if there is evidence of a violation of worker's rights.
How to write an application to the court on the employer
You will need
  • - passport;
  • - the claim form;
  • the details of such court;
  • - details of the employer;
  • - documentary evidence.
Instruction
1
Before you write a claim statement to the employer, check the limitation period for the violation of your rights. Note that you may file in the court in illegal dismissal within one month from the date of termination the employment contract. If the non-payment of wages and other situations the Statute the prescription is three months.
2
In the header of the application write the name of the courtenogo of the authority, address of the location. Note that labor disputes are considered by district courtAMI the first instance.
3
Fill in your personal data, address of residence, including postcode, contact phone number. Write the full name of the company that you submit the claim statement. Enter the legal address of the company. Note that the defendant in this case is not the General Director of the organization and the enterprise as a whole. When you perform labor functions in a branch separate unit be sure to write their names.
4
In the informative part of the statement clearly list the facts that led you to sue the employer. For example: "I worked in OOO "Pilot" for the post of accountant. Learned that terminated the employment contract 15.02.2012. The application on dismissal at own will wrote. The employer work book, I will not return". In this case, illegally dismissed the specialist to write a claim statement before 15.03.2012 years as the limitation period of one month.
5
Now write what you would like to receive as a result of the courtenogo proceedings. For example: "reinstatement, compensation for forced absenteeism, moral damage".
6
Sign a statementstating the date it was written, your personal data. Attach documentary evidence. This can be a copy of the order on termination of labor relations and other documents of the employer. If you wish to receive financial compensation the calculations for days of forced absence. If this is not possible, the courtErnie authorities have the right to request documents from the company where you worked.
7
Send a claim statement with evidence in the mail with a return receipt requested to the address of the courtor bring personally to the courtebny body by putting a mark of acceptance you claim.

Advice 9: How to write the application on dismissal transfer

Currently allowed to recruit professionals from other organizations who will be able to perform duties assigned to him. To invite a worker from a third-party company, you must write a letter of invitation to the post and to write the application on dismissal transfer from the company where he works currently.
How to write the application on dismissal transfer
You will need
  • - A4 sheet,
  • - documents of the two organizations,
  • printing enterprises
  • - handle
  • - documents employee
  • - The labour code of the Russian Federation.
Instruction
1
Director of the company that requires the employee writes the invitation for the position of officer of another organization. In the letter he States the name of the firm, the title of the post, shall sign, date, sealed by the enterprise. The content of the document head shows his desire to take this specialist for a vacant position, enter the duties that will be assigned to it.
2
You as an employee who decided to quit one job and transfer to another third-party firm, write a statement. Its header, enter the full or abbreviated name of the company in accordance with the constituent documents or a surname, name, patronymic of a physical person in accordance with the identity document, if you feature the individual entrepreneur. Surname, name, patronymic and position of the CEO in the instrumental case, your position at this company, the name of the structural unit, surname, name, patronymic, indicate in the genitive case.
3
After the title statement on the dismissal transfer to another employer write your resignation and the termination of the employment contract right transfer, referring to article 77 of the Labor code. Specify the number and date of conclusion of the employment contract and the name of the organization in which you wish to go.
4
The statement you need to put the invitation to a certain position from the head of the company, specify the letter number and the date of its writing. In the document you are writing, that the employer agrees to take you to work, write the name of the company to which you are invited to take the vacant position.
5
Put the date of writing of resignation transfer to another employer, your signature, surname, initials.
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