This basis can be extended through the primary regulatory

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This initial plan will establish rules on the receipt of the request (which, for unjustified recess, is treated as notification by article 1,029, head, final part, of the Civil Code), its processing and corporate deliberation (sole paragraph of the same provision). Even in the case of litigation, it is lawful to contract a prior corporate instance that, as we have said, may include mandatory submission to conciliation and/or mediation. Furthermore, the parties may contract that the manifestation of the other partners, within a specific (non-abusive) period, is a requirement for the initiation of the arbitration or judicial process. In other words, foresee (contract) a mandatory conciliation phase; after all, even if the claim is contentious and based on just cause, the other partners may agree with the claim for recess; this is even true for companies, it should be noted. These are available rights.

In fact, at this point, we cannot forget the provision set forth bulk sms oman in article 190 of the Code of Civil Procedure: “When the proceedings deal with rights that allow for self-composition, the fully capable parties are permitted to stipulate changes in the proceedings to adjust them to the specificities of the case and to agree on their burdens, powers, faculties and procedural duties, before or during the proceedings.” The rule gives effect to the provision, if stated in reasonable terms, without abuse (under penalty of attracting the application of the sole paragraph of the same article 190, which provides for a control of the validity of the agreements by the Judiciary), and allows not only to provide for the private administrative procedure (the prior request in the corporate sphere), when the prior submission to conciliation and/or mediation.


This without losing sight of the fact that such provisions do not prejudice the right of the party to appeal to the Judiciary in search of precautionary relief, if the elements for this are present. Even though it is the result of a legal provision, the provision for access to judicial channels for urgent measures may be included in the regulatory agreement for corporate dissolution. This is good technique and style.