Validity of the non-litigation clause in the recovery plan

[mahbubamim077]

This article analyzes the possibility, from the perspective of validity, of a judicial recovery plan providing an advantage to the creditor who undertakes not to litigate with the debtor.

To this end, after a brief digression on the constitutional evolution sms gateway slovenia of the guarantee of the inalienability of jurisdictional control, the matter is submitted to the scrutiny of the constitutionality of the provision, presenting the STF's position on the right of access to the Judiciary.

The issue is also examined from the perspective of infra-constitutional legality, with an explanation of the negotiable nature of the judicial recovery plan, as well as the consensual means of resolving disputes and the availability of property rights.

Finally, the “non-litigation clause” and its compatibility with subclasses of partner creditors in a judicial recovery context are analyzed.It is easy to find cases of spouses or cohabitants who maintain activities with hidden income, formation of hidden funds (cryptocurrencies, gold, foreign currencies, etc.). And it is always worth remembering that, if expenses do not adhere to the formation of the shared company, the perception of a higher income can have a direct impact on the determination of the pension amount, especially for the benefit of incapacitated individuals. In any case, appearances are an important reference.