Abstract

REYES TORRES., Eduardo Andrés  and  PACHANO ZURITA, Ana Cristina. Resolution of Testamentary Disputes by Mediation and Arbitration; Analysis in Ecuadorian and Comparative Law. Iuris Dictio [online]. 2023, n.31, pp.55-68. ISSN 2528-7834.  https://doi.org/10.18272/iu.i31.2857.

The present investigation makes an analysis on the use of alternative dispute resolution, applied in testated successions. In principle, it has an introduction regarding the conflict in inheritance and how it can arise within the will. Subsequently, there is a description of the subjects that will intervene in the conflict, which are not limited only to the people immersed in it. Afterwards, it is briefly explained about the will and its content to then point out everything related to the testamentary clause and how it should be established in the will. Finally, the article presents a comparative analysis of the use of mediation and arbitration in testamentary succession disputes in various countries, and then establishes the possibility of applying them in Ecuador.

Keywords : Testamentary Mediation; Testamentary Arbitration; Ecuador; Inheritance; Testament..

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