41 agreement on the foster family is concluded between. Foster Family Agreement: Features, Legal Nature

Ekaterina Kozhevnikova

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The procedure for registering a child in a foster family is regulated by articles 152 - 154 of the Family Code of the Russian Federation. Their text establishes the basic rules and requirements for its implementation, which include the preparation of a bilateral document, which is an agreement on a foster family.

What is this document?

This agreement is concluded between representatives of the Board of Trustees, which is located at the place of residence of the potential ward, and directly by the family that wants to take him under guardianship. At the same time, it is possible to draw up a document in relation to not only one, but also a larger number of children (wards), who are blood relatives among themselves.

The period during which the agreement must be drawn up and signed is ten calendar days from the moment the guardianship authorities make a positive decision to establish guardianship (guardianship). If, during its signing, any disputes arise over its content, six days are given for their solution. This time is given to potential adoptive parents to send a written proposal to resolve disputes. After this period, the board of trustees also has the right to refuse to transfer the minor to the family.

The document is valid for the period specified in its text. It should also be noted that if the foster family in which the ward is located changes their place of residence, the document will automatically be invalidated and a new contract will need to be concluded with the guardianship authority in whose area the family will continue to live.

Contents of the agreement on the transfer of a minor to a foster family

The requirements for the content of an agreement on the transfer of a child to a family are established by paragraph 1 of Article 153 of the Family Code of the Russian Federation. Despite the fact that there is no strict model, it must still be drawn up taking into account certain recommendations.

Termination of the contract and the legal consequences of this

The procedure for termination is determined by paragraph 2 of Article 153 of the Family Code of the Russian Federation. For the implementation of this procedure, the grounds provided for by the norms of the family legislation of the Russian Federation must occur, or such a procedure is possible in the event of termination of the direct fact of guardianship.

It is also worth noting that the agreement on the transfer of a minor to trustees may be terminated due to the refusal of one of the parties to comply with its terms. In this case, the termination of the agreement on the foster family is issued.

Possible valid reasons for non-compliance with the prescribed conditions by parents:

severe illness of one of the parents;
deterioration in the property status of parents;
change in marital status (appearance of other children);
inability to establish normal relations with the ward;
constant conflicts with the ward, etc.

Stage 1. First, the guardianship and guardianship authority at the location of the child within 10 days from the date of written application of the candidate(this is a separate application, signing consent to referral to visit a child with such a statement not considered) makes a decision on the appointment of a candidate as a guardian / custodian, performing their duties for a fee(this is a very important caveat - it must be in the solution!).

Stage 2. Then within 10 days after the appointment of a citizen as a guardian (custodian) performing their duties for a fee, the guardian and guardianship and guardianship authorities at the place of residence of the guardian - on the basis of (a) the act on the appointment of the guardian and (b) the written application of the candidate - conclude an agreement on the creation of a foster family.

The foster family agreement must contain (Article 153.1 of the Family Code of the Russian Federation):

information about the child or children being brought up in a foster family (name, age, state of health, physical and mental development),
the duration of such an agreement
conditions of maintenance, upbringing and education of the child or children; at the same time, the amount of remuneration due to foster parents, the amount of funds for the maintenance of each child, as well as the measures of social support provided to the foster family, depending on the number of children adopted for upbringing, are determined by the agreement on the foster family in accordance with the laws of the constituent entities of the Russian Federation, which can be found in the "Legislation" section (tab on the right).
rights and obligations of adoptive parents,
rights and obligations of the body of guardianship and guardianship in relation to foster parents,
the grounds and consequences of the termination of such an agreement.

I invite you to read about the nuances of creating a foster family in paragraph 7 of the Letter of the Ministry of Education and Science of the Russian Federation of August 31, 2010 No. 06-364 "On the application of legislation on guardianship and guardianship in relation to minors". It states, in particular, that the right to conclude an agreement on a foster family applies to all citizens, including the relatives of the child. Also, if the body of guardianship and guardianship has issued an act on the appointment of a child at the same time two or more guardians or trustees who perform their duties for a fee (for example, spouses), then it is possible to conclude an agreement on the creation of a foster family both with each of the guardians or trustees, and with the spouse couple.

1. An agreement on a foster family must contain information about a child or children transferred for upbringing to a foster family (name, age, state of health, physical and mental development), the duration of such an agreement, the conditions for the maintenance, upbringing and education of a child or children, rights and obligations of foster parents, the rights and obligations of the body of guardianship and guardianship in relation to foster parents, as well as the grounds and consequences of the termination of such an agreement.

2. The amount of remuneration due to foster parents, the amount of funds for the maintenance of each child, as well as the measures of social support provided to the foster family, depending on the number of children adopted for the upbringing, are determined by the agreement on the foster family in accordance with the laws of the subjects of the Russian Federation.,

Commentary on Art. 153.1 RF IC

1. The foster family agreement in question, as noted above, is a special case of a paid services agreement. The subject of this agreement are actions - actual and legal. This is a specific service, the content of which includes actions for legal representation, as well as protection of the rights and interests of the child and actions for the upbringing, maintenance and education of the child.

The foster family agreement is an agreement in favor of a third party. In it, the ward opposes the adoptive parent as a creditor and, in accordance with the agreement, in the conclusion of which he does not participate, has the right, in particular the right to demand from the performer (adoptive parent) compensation for losses caused by improper performance of his duties. Such a right is exercised, as a rule, upon termination of the foster family through the fault of the guardian (custodian) and is exercised through the actions of the guardianship and guardianship body temporarily performing the functions of a representative office, or a new representative of the ward.
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This idea of contracts in favor of a third party is expressed in the literature. See, for example: Braginsky M.I., Vitryansky V.V. Contract Law: General Provisions. M., 1997. S. 292.

The legal relationship of the foster family is of a personal-confidential nature. From the adoptive parent is required to personally fulfill the obligations under the contract. In addition, this agreement may be terminated due to such circumstances as illness, a change in the family or property status of the adoptive parent, lack of understanding with the child, conflict relations between children, etc. (Clause 2, Article 153.2 of the UK).

2. The procedure for concluding an agreement on a foster family is determined by Decree of the Government of the Russian Federation of May 18, 2009 N 423. In accordance with the said Decree, the guardianship and guardianship authority provides citizens who have expressed a desire to take a child to be raised in a foster family with information about a child who may be transferred for upbringing to a foster family, and issues a referral to visit the child at the place of his residence (location).

In a special by-law - the Rules for creating a foster family and exercising control over the living conditions and upbringing of a child (children) in a foster family - the norms that determine the procedure for concluding an agreement on a foster family are not defined. However, since the agreement on the foster family is one of the types of agreement on the implementation of guardianship or guardianship, the Rules for concluding an agreement on the implementation of guardianship or guardianship in relation to a minor ward are subject to application, in accordance with paragraph 3 of which the agreement is concluded at the place of residence of the ward and guardian within 10 days from the date of adoption by the body of guardianship and guardianship at the place of residence of a minor citizen of a decision on the appointment of a guardian. However, it should be noted that the wording used in this by-law is contrary to common sense, since, as a rule, the place of residence of the ward does not coincide with the place of residence of the guardian. In this regard, paragraph 1 of Art. 35 of the Civil Code of the Russian Federation, according to which the guardian or trustee is appointed by the guardianship and guardianship authority at the place of residence of the person in need of guardianship or guardianship. In the presence of noteworthy circumstances, the guardian or trustee may be appointed by the guardianship and guardianship body at the place of residence of the guardian (trustee). This provision means that the agreement on the foster family must be concluded at the place of residence of the ward and, in the indicated cases, at the place of residence of the adoptive parents.

If disagreements arose between the parties at the conclusion of the contract, the guardianship and guardianship body, which received a written proposal from the guardian (adoptive parent) to agree on the disputable terms, within six days from the date of receipt of the proposal, takes measures to agree on the terms of the contract or notifies the guardian in writing on the refusal to conclude it.

When changing the place of residence of the ward, the contract is terminated, and the body of guardianship and guardianship at his new place of residence concludes a new contract.

The requirements for the identity of the adoptive parent are similar to the requirements for the identity of the guardian (custodian). Candidates for foster parents must also undergo a medical examination in accordance with the Regulations on the medical examination of a citizen (s) who wants to become an adoptive parent, guardian (trustee) or foster parent, approved by Order of the Ministry of Health of Russia dated September 10, 1996 N 332.

In accordance with the Federal Law “On the State Data Bank on Children Left Without Parental Care”, candidates for foster parents who have received a positive conclusion from the guardianship and guardianship authority on the possibility of being foster parents, without looking for a child within the municipality, can apply to the federal, as well as to regional operators of the state data bank on children left without parental care. By registering with the relevant bank, the candidate for foster parents will be able to obtain information about other children who need to be placed in a foster family.

In accordance with clause 11 of the Rules for the selection, accounting and training of citizens who have expressed a desire to become guardians or trustees of minor citizens or to accept children left without parental care into a family for upbringing in other forms established by the family legislation of the Russian Federation, a conclusion on the possibility of a citizen to be a guardian ( foster parent) is valid for two years from the date of its issuance and is the basis for this citizen to apply to the guardianship and guardianship authority at his place of residence, to another guardianship and guardianship authority of his choice, or to the state data bank on children left without parental care .

- information about the child or children transferred to foster care (name, age, health status, physical and mental development);

- the duration of the agreement on the foster family;

- rights and obligations of adoptive parents;

- the rights and obligations of the body of guardianship and guardianship in relation to foster parents;

- the grounds and consequences of termination of the agreement on the foster family.

At first glance, all these conditions are essential terms of the agreement on the foster family. However, it must be borne in mind that the basic rights and obligations of adoptive parents, the grounds for termination of the contract and some other conditions are predetermined by law.

In addition, the Guardianship Law (Article 15) provides for the possibility of including additional conditions in the foster family agreement.

In order to take into account the individual characteristics of the personality of the ward child, the guardianship and guardianship authority has the right to additionally indicate in the contract:

- certain actions that the guardian or trustee is not entitled to perform, including changing the place of residence of the ward child;

— mandatory requirements for exercising the rights and fulfilling the duties of a guardian or custodian, including such requirements that determine the specific conditions for raising a minor ward (frequency of attendance at sports classes, psychological consultations, medical examinations, meetings with relatives of the child, etc.).

4. An important issue for the development of the institution of a foster family as a paid form of guardianship (guardianship) is the issue of the amount and procedure for paying remuneration to foster parents under an agreement. The answer to it is given in paragraph 2 of the commented article.

For example, in accordance with the Law of the Moscow Region of October 31, 2008 N 162/2008-OZ “On remuneration to guardians, trustees, foster parents and measures of social support for foster families”, each foster parent is paid a monthly remuneration in the amount of 9200 rubles per child. For the upbringing of a child adopted by a foster family and under the age of three, a child with disabilities, a disabled child, the amount of remuneration is increased by 3,450 rubles; if there are two or more of these grounds - by 4600 rubles. In addition, once a year, a foster family is paid financial assistance for organizing children's recreation in the amount of 4,600 rubles for each foster child, or compensation is made for the purchase of vouchers for joint recreation with children in the amount of 6,900 rubles for each member of the foster family.

On the basis of the Law of the Murmansk Region dated January 10, 1999 N 126-01-ZMO “On the amount of remuneration to foster parents and benefits provided to the foster family”, for the upbringing of each foster child, the guardianship and guardianship authority pays both foster parents a total of 5 thousand rubles per month with the accrual of district coefficients and percentage bonuses established for work in the regions of the Far North and equivalent areas, and for the upbringing of each adopted child under the age of three, or a disabled child, or a child with disabilities, confirmed by the conclusion of the regional psychological Medical and Pedagogical Commission, the specified amount of payment is increased by 50%. At the same time, in accordance with this Law, a foster family that has adopted at least three foster children for upbringing and does not have the necessary living quarters is provided by local governments for the duration of agreements on the transfer of children for upbringing to a foster family with living space in accordance with existing standards. In addition, a foster family that has adopted at least five foster children or at least three disabled foster children is provided by local governments with motor transport services on the terms specified in agreements on the transfer of children to foster care for the duration of these agreements.

A loving family for a child from an orphanage is perhaps the main dream in life. But in order for this dream to become a reality, adoptive parents will have to go through many trials in order to earn the status of parents. The final stage of creating a family is an agreement on a foster family. This document is drawn up in the guardianship and guardianship authorities, and after its signing, the child is transferred to the family.

Before accepting a new family member, it is necessary to pass all kinds of checks by the guardianship and guardianship authorities.

To do this, you need to prepare the following list of documents:

autobiography;
characteristics from the place of work;
certificate of ownership of real estate, which is planned as the place of residence of the child;
if married, a copy of the marriage certificate;
a certificate confirming that the candidate has no serious illnesses;
an extract from work about the position and salary.

Additionally, it is better to have a package of papers with you, consisting of copies of the listed documents.

It is the responsibility of parents to provide a child with a decent and happy life and to engage in his upbringing from and to. And it doesn't matter what this unit of society is called, native or adopted. The child does not always live well and calmly in his own family. Therefore, the main thing is not the status of the family, but the atmosphere inside.

Like biological parents, a foster family has its own rights and obligations to the child and the state. Their implementation is supervised by guardianship and guardianship authorities.

In order to officially become a foster family and adopt a minor, you must:

Be an adult and capable citizen of the Russian Federation.
Have a permanent official income.
Not have an outstanding criminal record and not be deprived of parental rights.
Have no alcohol or drug addiction.

If at least one of the above conditions is not met, the adoption will be refused.

A foster child must feel that his parents need him. New mom and dad should be interested in life, his hobbies and plans.
If it is necessary to visit a medical institution, the parent should seek help from a specialized specialist.
During adolescence, a parent can, if possible, provide some psychological assistance and help in solving problems that a child has.
A parent can help decide on the choice of a higher education institution or help learn lessons.
Protect the rights and interests of the student.

In fact, the adoptive parent performs all the functions that blood mom and dad are required to perform.

The Family Code of the Russian Federation contains many articles regarding children and their maintenance.

Reasons why children go to foster care:

their natural parents are deprived of parental rights;
parents of pupils are considered missing;
children were left orphans;
abandoned newborns.

After passing through all the stages of selection in the guardianship and guardianship authorities and after getting to know the child, an agreement is drawn up on the transfer of the child to be raised in a foster family.

The contract is concluded between the guardianship authorities and the adoptive parents. A legal consultant will help you fill out such a document correctly. According to the law, the number of family and adopted children in the total number cannot exceed eight people.

Before concluding the contract, the adoptive parent writes about this desire to the relevant authorities. The living conditions in which the minor will live are being checked. The characteristics of all family members are carefully studied, and conversations are held with existing relatives and already adopted children.

After that, within ten working days, a positive decision is made in favor of the proposed candidate. If a candidate for adoption is refused, he will be given a written response. In case of disagreement with the decision of the guardianship authorities, the applicant may appeal this decision in court. Then a document is drawn up for the creation of a foster family.

A sample agreement on a foster family can be seen in the guardianship and guardianship authorities.

It contains the details of the child.
The rights and obligations of parents are discussed.
The payments due to the law for maintenance, the stipulated benefits and social assistance are listed.
The conditions of maintenance, education and upbringing of the adopted are listed.
The term of the contract.
Rights and obligations of guardianship and guardianship authorities in relation to foster parents.
Validity period of the document and possible reasons for termination.

Relatives, a married couple or a single parent can conclude such an agreement on a foster family. As with the registration of guardianship, the opinion of the child is taken into account if he is 10 years old. A sample document is available from the guardianship authorities.

The document must include the following information about the baby:

date of birth and age;
physical and psychological development;
health status.

It is better to specify the information in full, so that later there will be no misunderstandings. From the regional budget, foster parents receive payments for a new family member. Payments may vary depending on where you live.

In addition to monthly payments, there are one-time payments:

for the appearance in the foster family of the first foster child is paid - 16350 rubles;
at the end of the period of stay in a foster family or under guardianship, the child is entitled to a payment in the amount of 24,000 rubles from the state;
when applying for a job after school, orphans receive a payment in the amount of 79,400 rubles.

In addition to these payments, additional charges from the regional budget are possible.

If the parties have no claims against each other regarding compliance with the rules of the contract, then it is extended further by agreement of the parties. The final termination of the document will come at the age of majority of the ward.

There are also such cases in the practice of guardianship authorities when foster parents do not cope with their duties. In confusing and difficult situations, psychological conversations are held with parents and children. With all their might, psychologists are trying to save the family. But when the situation reaches an impasse and the parents no longer want to carry this burden, the conversation turns to the termination of the contract between guardianship and parents.

The main features of the termination of the contract:

Conflict situations between children and parents or lack of understanding.
Change in the financial situation of the family.
Illness of one of the parents.
In the event of the death of a guardian or child.
When the guardian gets married.
Upon recognition of the ward as fully capable.
Other reasons.

The agreement may be terminated in accordance with the Civil Code or under the terms of the term of the contract. If one of the parties did not comply with the established conditions, then the other party has the right to demand compensation for losses.

Also, the agreement can be terminated unilaterally if the responsible authorities notice violations in the terms of the contract by the adoptive parents. Also, if unfavorable conditions arise in the family or if grades deteriorate at school. In case of disagreement with the decision of the guardianship and guardianship authorities, adoptive parents can appeal against it in court.

Upon detection of illegal actions in relation to the child, the guardianship authorities are obliged to report to law enforcement agencies within 7 days after receiving the report. In such cases, parents will be held administratively or criminally liable. The minor is immediately removed from this family and returned to the orphanage.

Stages of termination of the contract:

First of all, an application is drawn up with the data of the adopted baby, the date of the application and an explanation of the reason for terminating this document. The application is drawn up in two copies, one of them is transmitted or sent by mail to the other party. If the initiator of the termination is the guardianship authorities, then they draw up a resolution on termination.
Conclusion of an agreement. If both parties agree to the termination, then it will terminate.
In the event of a dispute or disagreement about the reasons for termination, the other party may resolve this issue in court. At the time of the trial, the minor is returned to the guardianship of the guardianship authorities.

After the expiration of the agreement, cash payments and benefits cease. And the property that was purchased with funds paid from the budget is transferred to the guardianship authorities.

At this stage in the development of Russian legislation, more and more attention is paid to providing assistance to children who are left without parental care. All rights of subjects are regulated by the Civil and Family Codes.

According to article 152 of the Russian Family Code, a foster family means guardianship (guardianship) of a child, carried out under an agreement on a foster family. Such an agreement is drawn up between the body of guardianship, guardianship and foster parents (one foster parent).

All legal relations arising from the agreement on the creation of a foster family are subject to the normative rules defined for the legal institution of guardianship.

Conclusion of an agreement

Legal agreement on the formation of a foster family must be concluded in accordance with the Decree of the Russian Government of 2009 regulating the rules for concluding agreements on the implementation of guardianship (guardianship).

To initiate the procedure for creating a foster family, potential adoptive parents must submit an appropriate application to the guardianship authority related to the address of the child's location. Employees of the guardianship authorities, after a written request from the applicant, having considered all the circumstances and documentation, make a decision on the appointment of the applicant as a guardian (custodian) who performs his duties for a fee.

Employees of the guardianship authority have 10 days to make an appropriate decision after receiving the candidate's written request.

Applicants should pay attention to the fact that in the decision made there must be a clause on the reimbursability of the provision of services by the adoptive parent.

When the guardianship authority appoints a candidate (trustee) providing services for a fee, authorized persons begin to prepare an agreement on the formation of a foster family, which is concluded by the parties within ten days from the moment of a positive decision of the guardianship authority.

According to the Family Code, an agreement on the formation of a foster family must contain:

Personal data of the child (children) transferred under the specified agreement for upbringing in the family. The text of the agreement indicates the age, name of the children, their state of health, the level of physical and mental development identified by experts.
Terms of the agreement.
Conditions for the upbringing, maintenance and education of the ward child (children).
The amount of remuneration due to foster parents.
The allocated amount of funding for the maintenance of each child in care.
Enumeration of specific measures of social support provided to the foster family. A complete list of such measures is established based on the number of children adopted in the family. In addition, benefits and compensation to foster families depend on the Russian region where such a family lives.
Rights and obligations imposed on adoptive parents.
Rights, powers, duties of guardianship authorities in relation to adoptive parents.
Grounds, legal consequences of termination of the foster family agreement.

If an agreement on the formation of a foster family is concluded with several trustees (guardians), for example, spouses, it is allowed to conclude one agreement with a married couple or an agreement with each foster parent.

Sample agreement on the formation of a foster family

FOSTER FAMILY AGREEMENT

_____________________________________________________________________________ (name of the body of guardianship, guardianship) represented by _____________________________________________________________________________

(data and position of an authorized officer), acting on the basis of the Russian Family Code, Regulations on the foster family and ______________________________________________________________________________

1. The Subject of the Agreement

The foster parent takes _________________________________________________ (data of the child) left without parental care for upbringing in his own family.

The foster parent receives remuneration, cash payments provided for the maintenance of the foster child, and other special payments. He enjoys the benefits provided to families with children, as well as special benefits established for foster families.

The foster parent organizes the general life, leisure, creating the required conditions for the care, upbringing, maintenance of the adopted child.

The guardianship body undertakes to provide assistance to the adoptive parent. The guardianship body monitors and controls the living conditions, upbringing of the adopted child, the fulfillment by the adoptive parent of the obligations under this Agreement.

2. Rights and obligations of a foster parent

2.1 The adoptive parent undertakes to raise the adopted child, take care of his health, mental, moral, physical development and create the required conditions for education, namely:

2.1.1 protect the life and health of the adopted child, respect his human dignity, protect his rights and interests;

2.1.2 timely ensure that the child undergoes regular scheduled medical examinations, if necessary, organize treatment, send for examination;

2.1.3 provide adequate care at all times, taking into account the individual needs of the child;

2.1.4 organize the education of the foster child;

2.1.5 execute an individual program for the adaptation of a child in a foster family, drawn up together with the guardianship authority;

2.1.6 not interfere with the child's communication with his blood relatives, when such contacts, personal communication do not contradict his interests, development;

2.1.7 immediately notify the guardianship authority about the occurrence of unfavorable conditions for the upbringing, education, maintenance of the adopted child.

2.2 The adoptive parent has the rights and duties of a guardian (custodian), being the legal representative of the child taken into the family.

2.3 The rights of the adoptive parent should not be exercised in conflict with the interests and rights of the adopted child.

3. Rights of the child 3.1 A child placed with a foster parent for upbringing has the right:

3.1.1 legal protection of health, life, respect for human dignity;

3.1.2 to live with a foster parent;

3.1.3 freely express an opinion when resolving issues affecting his interests, rights;

3.1.4 having received the consent of the adoptive parent, maintain contact with the biological parents and other relatives.

3.1.5 timely protection against any abuse committed by the adoptive parent. In case of violation of his rights, the adopted child has the right to apply to the guardianship authorities, guardianship for protection, and after the age of fourteen - to the court.

4. Duties of the guardianship authority

4.1 The body of guardianship undertakes:

4.1.1 help create, maintain normal living conditions, raise a child transferred to a foster family;

4.1.2 provide immediately the required assistance to the foster family within its competence, including psychological and pedagogical support;

4.1.3 resolve disputes, determine the order of communication of the child with blood relatives, taking into account the interests of the foster family and the child himself;

4.1.4 timely, in full pay the remuneration established by the Agreement to the adoptive parent, money for maintenance, provide benefits, measures to support the foster family in accordance with the terms of the Agreement.

5. Remuneration of foster parents, targeted payments and benefits

5.1 The guardianship authority pays the following payments to the adoptive parent:

5.1.1 remuneration for the upbringing of a foster child ________ rubles.

5.1.3 for the payment of utility bills, consumer services, the purchase of furniture, current repairs _________ rubles monthly.

5.2 Remuneration of the foster parent and monthly payments are made no later than the 20th day of the previous month. Payments are made to the bank account of the adoptive parent.

5.3 The Guardianship Authority assists in obtaining benefits for the foster family:

5.3.1 food products at special, reduced prices in ________________________________________________

(name, address of a specific base, store);

5.3.2 vouchers for children, including free vouchers, to rest homes, sanatoriums, health camps;

5.4 other benefits regulated by regional or municipal legislation.

5.5 The foster parent who receives the stipulated payments from the guardianship authority is obliged to use the transferred funds for the intended purpose indicated in the agreement.

5.6 The adoptive parent is obliged to keep a written record of the receipt and expenditure of funds allocated for the maintenance of the child, and annually provide information on the funds spent to the guardianship authority. Funds not spent during the reporting period are not withdrawn.

6. Liability of the parties

6.1. The adoptive parent is responsible for the life, physical, moral, mental health, development of the child, conscientious performance of his duties, targeted spending of financial resources.

6.2. The guardianship authority is responsible for the conscientious performance of duties in relation to the foster family, timely, full payment of remuneration to the foster parent, payment of targeted funds, and provision of the required benefits.

6.3 If a party does not fulfill or fulfills the obligations acquired under the Agreement improperly, the other party has the right to defend its interests in court.