Resolution of Testamentary Disputes by Mediation and Arbitration. Analysis in Ecuadorian and Comparative Law

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DOI:

https://doi.org/10.18272/iu.i31.2857

Abstract

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.

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Author Biographies

Eduardo Andrés Reyes Torres, Centro de Mediación “Bona Fide”

Lawyer in free practice from the Pontifical Catholic University of Ecuador. Master's degree from the Universidad Tecnológica Indoamérica in "Mediation, Arbitration and Conflict Resolution." Trained in mediation by the National Center for Mediation of the Judiciary in Ecuador. Diploma in Arbitration from "Sociedad Anónima" Conciliation and Arbitration Center in Guatemala. General Secretary and Mediator of  “Bona Fide” Mediation Center in Quito.

Ana Cristina Pachano Zurita, Universidad Tecnológica Indoamérica

Lawyer of the Courts of the Republic of Ecuador, Master of Labor Law and Social Security. She is a full-time professor at the Indoamérica Technological University.

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Published

2023-06-15

How to Cite

Reyes Torres, E. A., & Pachano Zurita, A. C. . (2023). Resolution of Testamentary Disputes by Mediation and Arbitration. Analysis in Ecuadorian and Comparative Law. Iuris Dictio, 31(31), 14. https://doi.org/10.18272/iu.i31.2857

Issue

No. 31 (2023)

Section

Miscelánea

License

Copyright (c) 2023 Abg. Eduardo Reyes Torres, Dra. Ana Pachano Zurita

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