Conversation Skills: How to agree or disagree

How to make a disagreement on the contract

Legislatively, the process of settling disagreements at the conclusion of an agreement is provided only for public contracts (Article 445 of the Civil Code, Part 1), that is, when the party who submitted the offer — the offer to conclude an agreement — must do this with anyone who is willing to accept it ( utility companies, medical facilities, etc.). In practice, the settlement of disagreements at the conclusion of the contract is drawn up a protocol of disagreements to his draft. This document is initiated by a party who disagrees with the proposed conditions.
The protocol usually consists of several parts:
- the introductory part, which indicates the name of the parties to future legal relations, details of the contract, on the terms of which there are disagreements;
- the main. Here the essence of the disagreements is stated directly. The text can be drawn up in the form of a table, in one of the parts of which “the editors of party A” is stated, and in the other - the “editors of party B”. Variants of the disputed conditions can be stated in different paragraphs.The protocol reflects each clause of the agreement containing the conditions requiring settlement, in two versions: proposed and desired;
- The final part contains information about the version in which the text of the agreement is adopted; that this protocol of disagreements is an integral part of the contract, without which it does not have legal force; as well as the date of entry into force of the protocol, which should coincide with the terms of the contract.
The protocol is signed by the party, its guide (authorized person, stamped and specifying the details of the organization, individual entrepreneur or information about the individual). The protocol of disagreements shall be sent in duplicate, one of which may be returned by the signed counterparty.
The party receiving the dispute protocol shall review and, in agreement with its content, send back a signed copy of the protocol. The period for consideration of the protocol of disagreements is established by law only for public contracts (30 days from the date of receipt). When concluding other contracts, it is advisable to indicate the desired date in the covering letter.After the expiration of this time, if the signed version is not received, the protocol will be considered rejected or, on the contrary, accepted by the version of the party that sent it (this should also be indicated in the covering letter).
In case of disagreement with the conditions set forth in the protocol of disagreements, it is possible to send the protocol of settlement of disagreements in which the text of the protocol of disagreements will be subject to editing, and not the agreement itself.
If the disagreement protocol is not signed (and the dispute resolution protocol), it is considered that the parties have not reached agreement on the terms of the contract and the latter cannot be concluded. In this case, the question of resolving disagreements can be (and if we are talking about public contracts, it is necessary) to be referred to the court.

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Dare to disagree | Margaret Heffernan
How to make a disagreement on the contract

How to make a disagreement on the contract

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