Conduct of the Parties Within the Intestacy Dispute in the Light of the Principle of Reasonable Time

Abstract

With the recognition of the contentious jurisdiction of the Inter-American Court of Human Rights approved by the Chamber of Deputies of Mexico on 1 December 1998 and the Constitutional reform of 10 June 2011, both the Inter-American jurisprudence and the international treaties oblige the State to respect human rights and the universal principles such as reasonable force time. The use of the systematic and analytical methodology in the cases submitted to the Inter-American Court of Human Rights represents, for the author, an exercise in which the integrating elements of the principle in question stand out. The detection of fraud and bad faith in the conduct of the parties within the development of special trials represents a serious problem that threatens the principle of reasonable time, since, in many cases, an inheritance dispute is not as complex as it could appear. However, it is the obligation of the local judges to do what is legally possible to find the best course of the process and issue a prompt resolution, even making use of conciliation.