La aplicación del proceso arbitral en el derecho de herencia

Abstract

This investigation has its sole purpose to determine whether arbitration is an ideal mechanism for conflict resolution or legal questions involving hereditary rights, taking as starting point out current state of things in which such disputes are resolved before the ordinary jurisdiction and before notaries, taking into consideration the particularities of each case that determine the possibility of using any of the before mentioned legal paths. Therefore and under the constitutional and legal provisions of such institution and understanding the nature of heritage law, we are proposing an analysis of feasibility of a legal alternative in accordance with social dynamics, to offer the people with effective and expedited tools therefore guaranteeing the structure of the Rule of Law. This study is made from a qualitative and descriptive perspective, under the hermeneutics investigating method.