Private International Law In Israel
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Private International Law In Israel
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Author : Talia Einhorn
language : en
Publisher: Kluwer Law International B.V.
Release Date : 2022-09-20
Private International Law In Israel written by Talia Einhorn and has been published by Kluwer Law International B.V. this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-09-20 with Law categories.
Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Israel. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert. Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration. Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Israel. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.
Private International Law And Global Governance
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Author : Horatia Muir Watt
language : en
Publisher: Law and Global Governance
Release Date : 2014
Private International Law And Global Governance written by Horatia Muir Watt and has been published by Law and Global Governance this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
Horatia Muir Watt and Diego P. Fernández-Arroyo: Introduction: The Relevance of Private International Law to the Global Governance Debate Part I: BEHIND CLOSED DOORS: THE PRIVATE MODEL AND ITS DISCONTENTS Section A. Epistemological Challenge: The Meaning of 'Private' in Private International Law 1: Geoffrey Samuel: Comparative Law as Resistance 2: Robert Wai: Private v Private: Transnational Private Law and Contestation in Global Economic Governance 3: Ralf Michaels: Post-critical Private International Law: From Politics to Technique Section B. Political Critique: Privatization as Homogenization 4: Tomaso Ferrando: Global Land Grabbing: A Tale of Three Legal Homogenizations 5: Veronica Corcodel: Governance Implications of Comparative Legal Thinking: On Henry Maine's Jurisprudence and British Imperialism Section C. Searching for Legitimacy: Questions of Design 6: Diego P. Fernández-Arroyo: Private Adjudication Without Precedent? 7: Gilles Cuniberti: The Merchant Who Would Not Be King: Unreasoned Fears about Private Lawmaking 8: Yannick Radi: Balancing the Public and the Private in International Investment Law PART II: BEYOND THE SCHISM: EMERGING MODELS AND WORLDVIEWS Section A. The Global Turn to Informality: Pragmatism and Constructivism 9: Benoit Frydman: A Pragmatic Approach To Global Law 10: Harm Schepel: Rules of Recognition: A Legal Constructivist Approach to Transnational Private Regulation 11: Michael Karayanni: The Extraterritorial Application of Access to Justice Rights: On the Availability of Israeli Courts to Palestinian Plaintiffs Section B. Re-importing Public Law Methodology: Federalism and Constitutionalism 12: Alex Mills: Variable Geometry, Peer Governance, and the Public International Perspective on Private International Law 13: Jacco Bomhoff: The Constitution of the Conflict of Laws 14: Jérémy Heymann: Importing Proportionality to the Conflict of Laws Section C. Reinventing a Global Horizon: Working towards a Global Public Good 15: Bram van der Eem: Financial Stability and Private International Law 16: Ivana Isailovic: Recognition(and Mis-recognition) in Private International Law 17: Sabine Corneloup: Can Private International Law Contribute to Global Migration Governance? Horatia Muir Watt: Paradigm Change in Private International Law: Renewal, Circularity, or Decline?
Conflicts In A Conflict
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Author : Michael Karayanni
language : en
Publisher: Oxford University Press
Release Date : 2014-04-30
Conflicts In A Conflict written by Michael Karayanni and has been published by Oxford University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-04-30 with Law categories.
Conflicts in a Conflict outlines and analyzes the legal doctrines instructing the Israeli courts in private and civil disputes involving the Occupied Palestinian Territories of the West Bank and the Gaza Strip, since 1967 until the present day. In doing so, author, Michael Karayanni sheds light on a whole sphere of legal designs and norms that have not received any thorough scholarly attention, as most of the writings thus far have been on issues pertaining to international law, human rights, history, and politics. For the most part, Israeli courts turned to conflict of laws, or private international law to address private disputes implicating the Palestinian Territories. After making a thorough investigation into the jurisdictional designs of the West Bank and the Gaza Strip, both before and after the Oslo Peace Accords, Conflicts in a Conflict comes to focus on traditional topics such as adjudicative jurisdiction, choice of law, and recognitions and enforcement of judgments. Related issues such as the foreign sovereign immunity claim of the Palestinian Authority before Israeli courts as well as the extent to which Palestinian plaintiffs were granted access to justice rights, are also outlined and analyzed. This book's compelling thesis is the existence of a close relationship between conflict of laws doctrines as they developed over the years and Israeli policies generally in respect of the Palestinian Territories. This study of the conflict of laws in a war setting and conflict of laws in a jurisdictionally ambiguous location, will greatly serve scholars and practitioners in similarly troubled and complex legal situations elsewhere.
Foreign Judgments In Israel
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Author : Haggai Carmon
language : en
Publisher: Springer Science & Business Media
Release Date : 2012-12-11
Foreign Judgments In Israel written by Haggai Carmon and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2012-12-11 with Law categories.
A judgment in a civil matter rendered in a foreign country is not automatically recognized in Israel. Before a judgment will be recognized or enforced, it must first undergo a domestic integration process. A declaration that a foreign judgment is enforceable in Israel is dependent upon its meeting certain conditions specified by statute, irrespective of whether recognition of the foreign judgment is indirect or direct. These conditions serve as the main route for giving validity to foreign in rem judgments and to personal status judgments, which cannot otherwise be enforced; recognition of a judgment as enforceable, however, enables it to be executed. The book integrates lucid, theoretical analysis of the issues of enforcement and recognition of foreign judgments with practical instructions. It thus serves as a valuable guide for anyone seeking answers to the questions examined in the book, whether in the context of international commerce or to resolve transnational legal disputes. Despite the complexity of the questions addressed in the book, they are given accurate and easily understandable answers. Haggai Carmon’s book grapples with the range of issues arising from the recognition of foreign judgments and their enforcement, i.e., the declaration that they are enforceable judgments. The book thoroughly and methodically examines these issues...Haggai Carmon has outstanding expertise in international law. He has a breadth of legal knowledge and extensive experience in both the theoretical and practical aspects of both private and public international law. He serves as legal counsel to commercial entities as well as foreign governmental agencies; amongst others, he is an outside legal counsel to the government of the United States. As this text reflects, Haggai Carmon is also a first-rate scholar and he shares his knowledge in a style that is suitable to every reader. -Eliezer Rivlin, Deputy Chief Justice, the Israel Supreme Court
Developments In Austrian And Israeli Private Law
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Author : Herbert Hausmaninger
language : en
Publisher: Springer
Release Date : 1999-08-17
Developments In Austrian And Israeli Private Law written by Herbert Hausmaninger and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-08-17 with Law categories.
ThepresentcollectionofessaysisthefruitoftwosymposiumsofAustrian andIsraelischolars,thefirstofwhichwasheldinJerusalemandRamatGanin December1997,thesecondinViennainOctober1998. Thesemeetingstook placewithintheframeworkofapartnershipbetweentheHebrewUniversityof JerusalemandtheUniversityofVienna. Theypermittedastimulating comparativediscussionofinterestingquestionsinmajorfieldsofprivatelaw, suchascontracts,torts,familyandinheritancelaw. The21contributionstothisvolumeaddressimportantlegalissuesfrom differentperspectives. Theyinclude,ontheonehand,historicalresearch reachingbackintoBiblicalandotherAncientNearEastern,aswellas Talmudiclaw,andRomanlawasthefoundationofmodemEuropeanlegal systemsontheotherhand. Theydiscusscontemporaryproblems,mostof whicharenotconfinedtoaparticularnationallegalsystem;andtheyaddress questionsoflawreforminaEuropeanandglobalcontext. Theeditorsofthecollectionwishtothankanumberofinstitutionsand personswhohavemadethispublicationpossible. Financialsupportwasgiven bytheAustrianMinistryofScienceandTransport,bytheAssociationof FriendsoftheUniversityofViennaLawSchool,bytheRamatGanLaw College(whichalsoparticipatedinthesymposiums)andbytheHarryand MichaelSacherInstituteofLegislativeResearchandComparativeLaw,The Hebrew UniversityofJerusalem. Editorial supervision for the Israeli contributionswasprovidedbyProf. AlfredoMordechaiRabelIoandProf. IsraelGilead. OntheAustrianside,ProfessorsHerbertHausmaningerand HelmutKoziolsharedthistask. MichaelB. Dunn,HerbertHausmaninger's researchassistantattheCornellLawSchool,improvedEnglishlanguageand styleoftheAustriancontributions. Dr. RichardGamauf,Mag. VerenaHaas andMagretAItrichteroftheInstituteofRomanLawintheUniversityof Viennaprovidededitorialassistanceandauniformlayoutfortheentirepubli cation. Vienna,JerusalemandRamatGan June1999 Table ofContents ListofContributors IX Contract Law Berachyahu Lifshitz TheOriginsofObligationsAccordingtoJewishLaw . . Franz Bydlinski A"FlexibleSystem"ApproachtoContractLaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Franz Bydlinski MistakeinAustrianPrivateLawViewedinTermsofa"Flexible System"Approach 21 Renee Sanilevici Force MajeureandFrustrationofContractinIsraeliLaw. . . . . . . . . . . . . . . . . . . 49 Attila Fenyves TheInfluenceofChangedCircumstancesonContractsofLong Duration 59 Ricardo Ben-Oliel PaymentsbyBankingTransfersinPracticeandinLegalTheory 81 Daniel Friedman RestitutionofBenefitsGainedbyBreachofContract. . . . . . . . . . . . . . . . . . . . . . . . . . . 93 TortLaw Reuven Yaron WrongfulActsandReducedSanctions:AComparativeSurvey . . 103 Herbert Hausmaninger RomanTortLawintheAustrianCivilCodeof1811 . 113 Herbert Hausmaninger TheThirdPartialAmendment(1916)totheAustrianCivilCodeof 1811anditsInfluenceonTortLaw . 137 Helmut Koziol CharacteristicFeaturesofAustrianTortLaw . . 159 Helmut Koziol ProblemsofAlternativeCausationinTortLaw . 177 Israel Gilead Causation,Riskand"EvidentialLoss" inIsraeliTortLaw . 187 VIII TableofContents Israel Gilead TheLimitsofTortLiabilityinNegligenceandPureEconomicLoss. . . 197 Family and Inheritance Law Gideon Libson LegalStatusoftheJewishWomanintheGaonicPeriod:Muslim Influence-OvertandCovert. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 213 Pinhas Shifman TheStatusofWomeninIsraeliFamilyLaw:TheCaseforRefonn. . . . . . 245 Wolfgang Zankl RecentDevelopmentsinAustrianInheritanceLaw:Comparedto IsraeliLaw. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 249 Wolfgang Zankl RightofSuccessionoftheSpouseandtheRelatives-AComparative Analysis 255 Shmuel Shilo RightsofSuccession:SpouseversusRelativesinIsraeliLaw. . . . . . . . . . . . . . . 261 Alfredo Mordechai Rabello OnGiftsandtheDayofDeath:Section8(b)oftheIsraeliSuccession Law5725-1965andtheDistinctionbetweenGifts inter vivosandGifts mortis causa 267 Codification Alfredo Mordechai Rabello WorkingTowardstheCodificationofIsraeliPrivateLaw:Between CommonandCivilLaw. . . . . . . . 291 List ofContributors Ricardo Ben-Oliel,Dr. Jur. (Jerusalem),AssociateProfessor,FacultyofLaw, UniversityofHaifa Franz Bydlinski,Dr. jur. (Graz),Dr. jur. h. . ~. (Salzburg;Munich),Professorof Law,UniversityofVienna;Member,OsterreichischeAkademiederWis senschaften;CorrespondingMember,AkademiederWissenschaftenzu GottingenandofthePolishAcademyofSciencesinCracow At/ita Fenyves,Dr. jur. (Graz),ProfessorofLaw,UniversityofVienna Daniel Friedmann,M. Jur. ,LL. M. ,Dr. Jur. ,ProfessorofLaw,TelAviv University;Member,IsraelAcademyofSciencesandHumanities Israel Gilead. LL. B. ,LL. D. ,BoraLaskinAssociateProfessorofTorts,The HebrewUniversityofJerusalem;RamatGanLawCollege Herbert Hausmaninger,Dr. jur. (Graz),ProfessorofLaw,Universityof Vienna;JohnA. EwaldDistinguishedVisitingProfessorofLaw,Univer sityofVirginia Helmut Koziol,Dr. jur. (Gr~z),ProfessorofLaw,UniversityofVienna; CorrespondingMember,OsterreichischeAkademiederWissenschaften; Director,EuropeanCenterofTortandInsuranceLaw Gideon Libson. LL. B,LL. M. ,Dr. Jur. ,FriedaandSolomonB.
International Law And The Israeli Palestinian Conflict
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Author : Susan M. Akram
language : en
Publisher: Routledge
Release Date : 2010-12-23
International Law And The Israeli Palestinian Conflict written by Susan M. Akram and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-12-23 with History categories.
The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.
Palestine And International Law
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Author : Henry Cattan
language : en
Publisher: [London] : Longman
Release Date : 1973
Palestine And International Law written by Henry Cattan and has been published by [London] : Longman this book supported file pdf, txt, epub, kindle and other format this book has been release on 1973 with Israel-Arab War, 1967 categories.
New Political Entities In Public And Private International Law
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Author : Amos Shapira
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 1999-03-03
New Political Entities In Public And Private International Law written by Amos Shapira and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 1999-03-03 with Law categories.
Part II: Human rights.
The Arab Israel Conflict In International Law
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Author : Nathan Feinberg
language : en
Publisher:
Release Date : 1970
The Arab Israel Conflict In International Law written by Nathan Feinberg and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1970 with Arab-Israeli conflict categories.
7. The refugee question
2010
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Author : Andrea Bonomi
language : en
Publisher: Walter de Gruyter
Release Date : 2011-11-14
2010 written by Andrea Bonomi and has been published by Walter de Gruyter this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-14 with Law categories.
The current rich volume of the "Yearbook of Private International Law" includes a special section on actual issues on conflict of laws and jurisdictions in the United States. Another special section is devoted to the revision of the Brussels I Regulation, in particular after the recent proposal by the European Commission. National reports and court decisions complete the book. Recent highlights include: the new Chinese Statute on Private International Law the Rome III Regulation on the Law Applicable to Separation and Divorce the recent CJUE decisions on jurisdiction in contractual disputes, in particular in the case of e-commerce the law applicable to the actio pauliana national reports from Egypt, Iran, Israel and Norway