El arbitraje testamentario en el derecho sucesorio.

Abstract

Throughout history, the institution of arbitration has been of great help as a method of alternative dispute resolution, so it is no different from Ecuadorian law. In our legislation, although there are arbitrable matters, in the tested succession arbitration is not specified or considered for the resolution of disputes in this matter. The objective of this paper is to analyze and develop the legal nature of the institution of testamentary arbitration, through a comparative study with other legislations that have it within their current regulations, such as Spanish legislation. . In this way, it will also be announced about the Socini Clause, frequently used in Inheritance Law in wills, which involves arbitration by establishing the conditional requirements thus allowing to grant validity to the express will of the testator and prevent his last will from being put in danger of compliance. Finally, the relevance of the existence of testamentary arbitration in Ecuadorian Law will be included, since after all, the law is constantly changing, this type of arbitration would represent an improvement in the effectiveness of current regulations.