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Miscelánea

No. 31 (2023)

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

DOI
https://doi.org/10.18272/iu.i31.2857
Submitted
November 25, 2022
Published
2023-06-15

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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