The practice of concluding a treaty, whatever it may be,is to keep all of its points and at the same time defend the interests of its company. It is for this that there are forms of additional agreements and a protocol of disagreements to the treaty.
In the course of making a decision there are many questions: what to do, sign an agreement with the protocol of disagreements or make an additional agreement to it. What happens if one party signs a disagreement if the other party does not sign it? What are the subtleties in the design of documents? When there is clarity in all these issues, then everything happens as you wish.
Agreements of civil law and economic character
All conditions of contracts are determined by agreementparties, of course, within the law. That is, there should not be any contradictions. But the interests of the parties may not coincide. The party that has received the contract already signed by the other party has the opportunity to sign it, having issued a protocol of disagreements to the contract. This proposal to change certain clauses of the contract, which can be drawn up almost to any civil law contract. Such a protocol is drawn up when one of the parties has an agreementalreadysigned.
It is important to understand the meaning of the protocoldisagreements. For example, there is a situation where you did not agree with the supplier on the amount of the penalty in the event of a delay in payment for the goods. In the contract, the supplier does not limit its value, sends you a signed contract. You draw up a protocol and expose your conditions, offering to limit it to 10%. And send a copy of the contract to the supplier, as well as the protocol of disagreements to the contract, which he must sign and return to you. When the contract is signed by both parties with a protocol of disagreements (which can be signed and returned to you, or may not be signed), then the case is indisputable. In the practice of disputes, the variant with the protocol of disagreements and 10% of the penalty will be considered.
In case of disputes, will be considered in arbitrationyour proposals in the protocol of disagreements, and they will have an undoubted advantage in the decision of the court. It is important to remember only one nuance. The contract is signed with a postscript:with the protocol of disagreements.Having received the contract with the signature, but without this decisive addition, simply with the attached protocol, the other party can throw your proposals into the trash and say that they were not.
State contracts and additional agreements
Protocol of disagreements to the state contractdoes not differ from other forms of contracts provided for in the Civil Code of the Russian Federation, as it is guided by the same legislative norm - the civil code. The existence of an annex to the protocol of the protocol of disagreement does not mean that an agreement has not been reached. Just some of its items can be changed with this legal procedure.
The protocol of disagreements to the supplementary agreementit is unlikely to make sense as such for a simple reason: you are negotiating, come to some agreement, formalize an additional agreement to the contract. And then, having received the agreement in your hands, instead of signing it, you draw up a protocol of disagreements. This behavior is possible only if you do not want to have any more relations with this company and do not intend to work with them in the future.
An additional agreement, as a rule,sign after the conclusion and signing of the main contract, therefore, all the points that go beyond the technical issues are agreed and agreed in advance, whereas the protocol of disagreements to the contract contains a change in the clauses of the agreement for which the agreement was not reached and the contract has not yet been signed by one of the parties.