Advice 1: How to change the settlement agreement

The global agreement is the agreement of the Complainant and the Respondent of the termination of the litigation approved by the court. The essence of the settlement agreement is reduced to a mutually beneficial compromise. However, in practice there are cases when one of the parties remains dissatisfied with the terms of the agreement, or in certain circumstances both parties would like to change it. How to implement this in practice?
How to change the settlement agreement
You will need
  • - the complaint in an appropriate judicial authority;
  • - the text of the settlement agreement to the changed terms;
  • - petition for approval of settlement agreement as amended;
  • receipt about payment of state duty.
Instruction
1
If the international agreement is signed, but you do not agree to its terms and conditions, please report it to the judge who hears the case. To make such a statement is necessary to the moment the court makes a determination of approval of the settlement agreement.Decide and decide on what terms you are willing to enter into a settlement agreement with the other party, and solicit the court to provide time for revision of the settlement agreement.
2
After approval of the settlement agreement by the court, it becomes obligatory for the signatories. Approving the settlement agreement, as stated above, the court makes the appropriate determination. It is through an appeal this determination, you can achieve a change in conditions established global agreementm. depending on which court heard the case, a court of General jurisdiction or arbitration court is guided by the recommendations outlined in steps 3 or 4.In all these cases, imagine the approval of the court in which a complaint, a new version of the settlement agreement, agreed with the opposite party to the litigation, and the petition for approval of settlement agreement as amended.
3
If the case was heard by the court of General jurisdiction (district court, justice of the peace), use the following features to appeal: from January 1, 2012 begins a new wording of article 331 of the Civil procedure code (RF CPC), according to which the determination of the court approving the settlement agreement may be filed a private complaint within 15 days from the date of such determination. Definition of magistrate are appealed to the district court, determining the district court – in the regional or other equivalent to the regional courts;- enforceable court order approving the settlement agreement you have the right to appeal against the order of revision on again opened circumstances. Circumstances which can constitute grounds for such treatment are defined in article 392 of the RF CPC. Considering the complaint, the same court that ruled. The deadline for filing complaints is 3 months from the date when grounds for a retrial.
4
If the case was heard by the arbitral Tribunal, appeal against the determination approving the settlement agreement:- the Arbitration procedure code (APC RF), h. 8, article 141, establishes that the definition of approving the settlement agreement may be appealed in cassation within one month from the date of its adoption. The cassation complaint is filed through the court hearing the case in first instance;- an enforceable court order approving the settlement agreement you have the right to appeal against the order of revision on again opened circumstances. Circumstances which can constitute grounds for such treatment are defined in article 311 of the APC RF. As in the case of courts of General jurisdiction to examine the complaint of the authorised court that made the determination.
Useful advice
Carefully review the requirements of the code of civil procedure of the Russian Federation or of the APC in relation to the registration of the relevant complaint. Don't forget to pay the government fee.

Advice 2: How to challenge a settlement agreement

To challenge global agreement can only appeal a judicial act for which it is approved. To appeal the global agreement may not only persons involved in the case, but also third parties in case it affected their rights and interests.
How to challenge a settlement agreement
You will need
  • - a lawsuit in court demanding to declare the settlement agreement null and void and the application for its revision;
  • - the presence of new circumstances;
  • - may also engage third parties interested in the case;
  • - qualified legal assistance.
Instruction
1
The global agreement is the agreement of the parties on the termination of judicial dispute peacefully through concessions and mutual satisfaction of the counterclaims. After the signing of the settlement agreement court case on the subject of the dispute is terminated, but may be renewed if the agreement is repealed.
2
To appeal the settlement agreement filed a counter claim about recognition invalid and reconsideration claiming the judicial decision on again opened circumstances (item 5 of article 311 of the APC RF). Thus, the court can consider the merits of the case. That is, in fact, to return to the stage, when it signed the global agreement.
3
The newly discovered circumstances in the domestic doctrine of procedural rights implies the existence of facts that existed at the time of consideration of the case and was essential for its correct solution, and you did not know and could not know at the time of the previous hearing about the existence of these facts.
4
As mentioned earlier, to challenge the global agreement can not only its members but also third parties who have a relation to him. For example, the global agreement on the demolition of a building may challenge not only the developer who agrees to carry the object, but the people who bought his apartment.
5
If you can't find the "newly discovered circumstances" to review the settlement agreement and annulled, use of this loophole in judicial proceedings – attract third parties interested in the case.
6
The amicable agreement may also state organ, which exercises control or supervision over the activities of a legal entity. As a rule, in making a determination on the settlement agreement, the court at the end of the text indicates the period during which a global agreement can be appealed.

Advice 3: How to change the statement of claim

There are situations when after the filing of the complaint to the court opened new circumstances in the case in which there is a need to amend the claim statement. Importantly, we produce the following changes were legitimate and did not violate interests of third parties.
How to change the statement of claim
Instruction
1
The civil Code of the Russian Federation expressly tells us that "the plaintiff is entitled to change the grounds or subject of claim, to increase or decrease the size of claim requirements or to refuse the claim, the defendant is entitled to admit a claim, the parties may end the case by settlement." In this legislative language, it is important to pay attention to the phrase "subject or cause". According to him, in the process of lawsuits can change one or the other. Replacement bases at the same time will be deemed the filing of a new claim.
2
The cause of action recognized the circumstances of the case supporting the plaintiff claims. Change the cause of action would mean the replacement of facts (full or partial), which served as the basis of the claim. Change the cause of action does not affect its subject, and therefore the plaintiff continued to support their interests.
3
As the subject of the claim supports itself financially-a legal requirement, addressed to the defendant. It may be expressed in committing these actions in the claim, or the refusal from their Commission, the recognition of any fact, or its absence, etc. Change the subject of the claim involves the replacement of this requirement, which will continue to be based on the same facts.
4
Replacement claims are possible at any point of the trial (the percentage change anything unlimited). Changes in the claim is possible until the moment of acceptance by court of the decision on the case in the first instance. The plaintiff may amend by filing appropriate application to the court (in writing), or to claim them in court (orally).
Note
Remember that in a single claim action proceeding it is possible to replace either the subject or the cause of action.

Advice 4: What if a settlement agreement is not executed

The global agreement can be concluded in a notarial form or to make in court, if a lawsuit has already been filed and the parties came to a mutually beneficial attorney. According to the Civil code of the Russian Federation, the conditions outlined in the document should be executed by both parties. If one of the parties does not fulfill its obligations, the penalty it is possible to carry out forcibly.
What if a settlement agreement is not executed
You will need
  • - statement by the bailiffs;
  • - a settlement agreement and a photocopy;
  • - passport of the citizen of the Russian Federation.
Instruction
1
If you signed a voluntary global agreement in the simple written form with the required notarized or in a notarial office, to fulfill all the requirements for it you have voluntarily.
2
Failure to comply with the conditions specified in paragraphs feature the settlement agreement, the aggrieved party may apply to the bailiff service with a statement, a passport, applying a global agreement and a photocopy to demand fulfillment of obligations in the enforcement.
3
Global agreementm may end the trial. If both sides of the trial have expressed a desire to enter into a voluntary agreementto stop the litigation, the court should make every effort to facilitate this. The document has the force of a writ of execution, so his unquestioning performance is strictly required. The court will no longer consider the appeal on this issue, as the issue is resolved and closed as a result of the agreementm.
4
Bailiffs are bound by a voluntary agreement, after the treatment of the injured party to start enforcement proceedings within 7 calendar days. The timing of enforcement of the document is 2 months.
5
Recovery can be done by any means not contrary to the law of the Russian Federation. The claim can be directed at the place of work, do not fulfill debt commitments the parties turned on a Bank savings account, on the property.
6
In the absence of the ability to fulfill claims under the settlement agreement, the guilty person can be brought to administrative responsibility or administrative work for an indefinite period until the entire debt on demand is not repaid in full.

Advice 5: How to change the claims

The amended claim is the process of adjustments to basis or subject of the previously alleged claim in the light of newly discovered circumstances in the most complete formulation of the claim. Any change to the claim is possible provided that they do not contradict the law and does not violate the rights of others.
How to change the claims
Instruction
1
Article 39 of the Civil Code of the Russian Federation States that "the plaintiff is entitled to change the grounds or subject of claim, to increase or decrease the size of claim requirements or to refuse the claim, the defendant is entitled to admit a claim, the parties may end the case by settlement." It is important to note in this sentence the phrase "subject or cause". Within a single action proceedings to change something, otherwise it will be a new claim.
2
The cause of action are those facts that confirm the declared claim requirements. Based on this, modify the cause of action means the complete replacement of the facts constituting the basis of the original claim (or reference to additional facts or the exclusion of some previously specified). Change the cause of action does not affect its subject, therefore, the plaintiff, as before, pursues the stated interest.
3
The subject of the claim are substantive requirement to the defendant of committing the last mentioned in the lawsuit of legal action or the waiver thereof, the recognition of the existence (or lack) of relationship between the parties, amendments or termination. Change the subject of the claim is to replace the above-mentioned substantive requirements, which are based on the previously stated actual circumstances.
4
Under the law the plaintiff has the right to change the claim requirements for every stage of the proceedings after filing an unlimited number of times until the court's decision. To report the change in claim in writing (writing application) and orally (putting the entry in the record of the hearing). A written statement submitted to the court at the place of consideration of the substantive claim and is considered in the same trial.
Note
Remember that changing the subject or cause of action is possible only to the judicial act, which ends the proceedings in first instance (in essence).

Advice 6: How to terminate settlement agreement

At its core, the global agreement is a bilateral agreement concluded between the plaintiff and the defendant. It recorded the concessions, which is one or both parties and the conditions under which reconciliation becomes possible. Global agreement is crucial for termination instigated case.
How to terminate settlement agreement
You will need
  • - a copy of the approved settlement agreement;
  • - two copies of the statement of claim;
  • - a copy of the payment document confirming payment of state duty.
Instruction
1
The court's decision approving the settlement agreement is grounds for termination of the proceedings. A second appeal to the court on the same subject with the same defendants in the impossible. In accordance with Chapter 15 of the Arbitration procedural code of the Russian Federation, global agreement may not be terminated and declared invalid. The only option that allows you to terminate a global agreement, is the appeal of one of the parties to the Supreme court. Precedent for this may be the approval of the settlement agreement, violations of procedural law. In this case, you will need to submit a petition for its cancellation and annulment.
2
Write a statement about the cancellation of the settlement agreement to a court of higher instance in relation to the fact that this is a global agreement was approved. The appeal in this case, the law does not distinguish, therefore, apply to the court of cassation. He is not authorized to check the legality of the settlement agreement, and will consider only compliance with procedural rights, given that you have to draft the Declaration.
3
In the address part of a claim for rescission of the settlement agreement, in the upper right corner of the sheet write the name of the Supreme court and the address at which it is located. Enter after the word "plaintiff:" your details, postal address. After the word "Respondent:" the details and address of the defendant. In the last line – the amount of the claim in rubles.
4
Write below, in the middle of the line "Statement on the termination of the settlement agreement" and tell us about the subject matter. Briefly describe the primary claims that have been considered in the lower court.
5
Specify the number of determining its date and the name of the court, which approved the global agreementwill list the parties that concluded it. State the reasons why the world's the agreement you claim has been infringed, and which can be considered grounds for its cancellation.
6
After the words "Asking" or "Asking:" please indicate the request to rescind the settlement agreement. Specify the date and the judicial authority to which it has been approved. Describe other claims associated with the resumption of the court case.
7
A statement in the quality of the application, complete a copy of the approved settlement agreement, two copies of the claim and a copy of the payment document confirming payment of the state fee.
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