Arbitration in Costa Rican Inheritance Law: A Historical Review and Its Present Application

Abstract

The objective of this article is to analyze the historical, doctrinal, and jurisprudential evolution of arbitration in Costa Rica and its possible application in the field of inheritance law, identifying the legal and material limits that determine its viability. To this end, a qualitative-descriptive approach was used, based on a review of normative, doctrinal, and jurisprudential sources—including rulings of the First Chamber of the Supreme Court of Justice—complemented with an analysis of national legislation on arbitration. As a result, it was determined that arbitration in Costa Rica has transitioned from a marginal perspective to an autonomous regime, with constitutional status and consolidated legislative support in Laws 7727, 8937, and 10535. In inheritance matters, it is noted that arbitration is admissible only in available patrimonial disputes, such as the partition, appraisal, or administration of assets, excluding acts established as public order. Succession arbitration, although limited by the undisposable nature of certain inheritance rights, is emerging as a legitimate and complementary conflict resolution tool, capable of strengthening family efficiency and harmony. National jurisprudence points toward a model of prudent coexistence between state jurisdiction and arbitration, reaffirming the balance between the autonomy of will and effective judicial protection.