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This second, wholly updated and expanded edition provides a clear, comprehensive statement and analysis of private international law in Israel. Israel’s private international law (PIL) regime is not codified, nor is it clearly traceable to any one legal system. Most Israeli PIL sources are available in Hebrew only. Consequently, this expert guide to Israeli judicial and legislative treatment of private law cases having a foreign element serves an immensely useful purpose for foreign parties with interests in Israel.
Among the book’s many practice-oriented, carefully analyzed subjects the reader will find the following and more:
national and international sources of Isreli PIL;
principles of establishing the applicable law;
characterization, substance and procedure, ordre public;
renvoi, block reference, economic conflict-of-law rules;
natural and legal persons;
contractual and non-contractual obligations;
property law, incl. IP, means of transportation, cultural property and trusts;
company law, incl. dual-listed companies and corporate groups;
cross-border insolvency proceedings;
family law and succession;
international jurisdiction, incl. jurisdictional immunities;
detailed analysis of procedure in international litigation in Israel;
proof of foreign law;
recognition and enforcement of foreign judgements; and
The author untangles the web of Israeli sources of law affecting foreign legal relationships.Because the style and method of legal development in Israel has primarily followed the tradition of the common law, she recognizes that case law is the first place to look to find out what Israeli law says on any given matter. Her approach is also particularly valuable in that she does not confine her study to the rules already existing in Israeli PIL, but establishes rules in areas where such are missing, guided by the methods and principles which the court and legislature would have adopted had they been confronted with these problems, having recourse also to numerous foreign sources based on extensive comparative law research.
The book will be especially useful to international business people and their counsel with interests in Israel. It will also serve as an admirable and clear statement of Israeli PIL for academic purposes.