The Letter of Withdrawal or Termination is the declaration that allows you to dissolve a contract, whether stipulated in writing or verbally, before its natural expiry.
Withdrawal and termination are often confused. The withdrawal allows you to dissolve an agreement only if the law so provides or if the parties had specifically covered in the contract. The termination, on the other hand, allows you to dissolve a contract when there is a default or certain events occur that make the performance impossible or too onerous (supervening impossibility or excessive onerousness).
When using the withdrawal letter
The withdrawal letter is used when you want to terminate a contractual relationship in three cases:
- when it is required by law (legal withdrawal), egg. the Consumer Code establishes that the consumer of goods or services can withdraw within 14 days of purchase;
- when the parties have provided for the possibility of withdrawing from the agreement (conventional withdrawal), eg. the contractors have established that the contract can be terminated with one month’s notice;
- when an event occurs that affects the fiduciary nature of the relationship or the essential qualities of one of the contracting parties (withdrawal for just cause). It applies to the agency contract, distribution contract, and Intermediary contract. For example, it is possible to withdraw from the agency agreement when the agent has applied prices that are out of the market, thus breaking the relationship of trust between the parties;
- when you want to prevent the automatic renewal of a term contract (eg a subscription or a cancellation of the lease). In this case it is correct to call it a cancellation letter.
When using the letter of resolution
The letter of termination of a contract is used:
- if the counterparty has not performed the due service correctly. For example, Mario has to develop a program for the management of accounting and instead realizes only the part for the issue of payslips (resolution for non-fulfillment);
- if the performance has become completely impossible. For example, Luca had to repair Giulia’s car, but her workshop burned down (resolution due to unexpected impossibility);
- if the business has become too expensive. For example, Mario can no longer build the commissioned work because the price of the necessary material has tripled due to the outbreak of war (resolution due to excessive cost).
The contract can be dissolved automatically (termination by law) if the parties have provided in the contract:
- an essential time limit within which the service must be performed in the interest of one of the parties. After this deadline, the execution becomes useless and the contract is automatically dissolved. For example, a tailor who has to prepare a wedding dress must respect the deadline set for the ceremony;
- an express termination clause that establishes that in the event of failure or incorrect fulfillment of the service, the agreement will be dissolved. For example, the parties establish that if a single payment is not made at the agreed deadline, the contract is terminated.
What does the model for the withdrawal and termination letter contain?
Our withdrawal and termination letters meet all legal requirements. The main clauses concern:
- Subject: it is possible to enter the subject of the contract to be dissolved;
- Cause: you can specify the reason that led to wanting to dissolve the contract (default, just cause, unexpected impossibility, excessive burden);
- Notice: in some cases, it is necessary to communicate your intention to withdraw with a certain notice. The dissolution letter will take effect at the end of the term entered in our system;
- Consumer: it is possible for the consumer to withdraw from contracts for the sale of goods and services concluded at a distance or away from business premises (e-commerce or door-to-door sales);
- Lease: there is the possibility of withdrawal or termination of the lease;
- Consensual Termination: There is a possibility that the parties agree to terminate the agreement.
Once you have downloaded your document, we will guide you step by step to complete all the necessary subsequent tasks.
Information you need
To complete the document, all the data of the parties and of the contract to which the dissolution letter refers are required.
Remember that our interview does not generate a simple facsimile of a withdrawal or termination letter. Based on your answers, the system automatically draws up a customized withdrawal model for your exact needs, guaranteeing its legal correctness.
The document can be modified in all its parts without time limits. Don’t worry so if you don’t have all the information available during the interview, you can always enter it later.
- Contract Dissolution Letter
- Contract Termination Letter
- Consensual Resolution Letter
- Cancellation letter
- Letter of Termination of the Lease Agreement
Other useful templates and facsimiles
- Letter of formal notice for non-fulfillment: to notify those who are late in performing a service to fulfill by a certain date
- Payment Reminder Letter: to request the payment of a debt
- Distrust to Fulfill: to order to fulfill a contractual obligation