Property Sharing Arrangements in Israeli Family Law-A New Model

7 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 129 (2016).

36 Pages Posted: 15 Aug 2018

Date Written: 2016

Abstract

This article analyzes and is inspired by comparative law. It proposes a new model, suggesting the return to the basic requirements of the Property Relations Law as designed by the legislature. Included among these basic requirements are the re-establishment of the separation of family assets during a marriage; the application to spouses of the general property laws in the same way that they are applied to unrelated parties; the exclusion from property distribution of assets acquired by one spouse without a joint effort, whether prior to the marriage, by inheritance, or by gift (hereinafter separate property); and restoration of the protection of third parties. This model will provide for protection of property, clarity among creditors, increase in the family's property value, and relief to engaged or married individuals who are concerned about their separate assets.
Part II addresses the normative-theoretical framework and the historical background of the Property Relations Law. The section highlights the challenges created by the presumption of sharing and the solutions the legislature sought to implement in the Property Relations Law. Part III discusses the Knobler case and analyzes the different judicial positions that formed the basis for later legal developments. Part IV addresses a series of rulings and describes the gradual development that rendered the Property Relations Law meaningless. Part V analyzes ownership of property by spouses under U.K. law, and Part VI examines the matter as addressed by U.S. law. Part VII offers a new model, including changes the Israeli courts must adopt to return to the legislature's original intent in the Property Relations Law and to maintain consistency with comparative law.

Suggested Citation

Cohen, Yitshak, Property Sharing Arrangements in Israeli Family Law-A New Model (2016). 7 Iɴᴛ’ʟ. J. Jᴜʀɪs. Fᴀᴍ. 129 (2016)., Available at SSRN: https://ssrn.com/abstract=3224007

Yitshak Cohen (Contact Author)

Ono Academic College ( email )

Tzahal Street 104
Kiryat Ono, 55000
Israel
972 2 6793849 (Phone)

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