Concluding Agreement

In cases where the possibility of modifying or terminating the contract is not provided for by law or where the agreement has not been concluded by the parties, the agreement may be modified or terminated, at the request of one of the parties, only by a judicial decision and only in the following cases: but in the interest of the general interest in the conclusion of a contract under certain essential conditions of a future contract, the parties do not reach an agreement. In this case, the settlement of disputes before the courts is possible. As a general rule, however, the transfer of pre-contracted disputes to the Tribunal is permitted if both parties have given their written consent. Exceptionally, a pre-contractual dispute over a contract whose conclusion is required by law (Article 445 of the Civil Code) may be submitted to the court for examination. The decision taken in this case by the Tribunal becomes the source of the civil rights and obligations for which the dispute has been submitted by the parties for decision by the Tribunal. (c) exchange of letters, telex, telegrams, faxes, etc. from the parties. It is recommended not to use this form of communication for the conclusion of contracts, especially of external economy, or, when used, it is necessary to reiterate the terms of the offer and acceptance (consent) by sending a relevant letter to the other party and if the contract is drafted as a single document – submitting a written text of the contract for signature. Derogations from the reading of the contract are not allowed.

If the text of the contract contains different provisions concerning the same contractual term, all other equal conditions are that the parties have not reached an agreement on this period.