The Coordinating Role of Israeli Conflict Rules in Matters of Succession - Comparative Perspectives

Panorama do Direito Internacional Privado Atual - Festschrift ao Professor Jacob Dolinger, pp. 102-124, Carmen Tiburcio et al., eds., Arraes 2015

25 Pages Posted: 14 Jul 2015

See all articles by Talia Einhorn

Talia Einhorn

Tel Aviv University - Faculty of Management; Ariel University

Date Written: March 9, 2015

Abstract

This paper studies the coordinating function of the Israeli Private International Law (PIL) rules in matters of succession, drawing comparative perspectives from European states – in particular England, Belgium, Germany and Switzerland – and the European Union (EU), in which, since the coming into effect of the Treaty of Amsterdam, 2005, and even more since the coming into effect of the Treaty of Lisbon, 2009, that substituted the rules pertaining to PIL by Article 81 of the Treaty on the Functioning of the European Union, the EU has acquired extensive powers to adopt legislation in matters of private international law, which is directly applicable in the EU Member States. Accordingly, the EU adopted Regulation 650/2012 concerning the PIL rules in matters of succession (Rome IV) (hereafter – "EU Succession Regulation"). This regulation will apply in most EU Member States as of 17 August 2015 (except for the United Kingdom, Ireland and Denmark that opted not to be subject to the Rome IV regime, as allowed in the protocols annexed to the Treaty on European Union (TEU) and the Treaty on the Functioning of the European Union). Israel has not codified its conflict rules. The Israeli Draft Civil Code does not contain a chapter on this subject either. Most Israeli statutes contain only substantive law rules, with just a fraction containing isolated PIL rules, which do not cover the subject-matter as a whole. The Succession Law, 5725-1965, is the only statute that covers PIL rather comprehensively in its chapter seven (§§ 135-144). Undoubtedly, this is due to the fact that Professor Edoardo Vitta, a renowned PIL scholar, was a member of the Succession Law Drafting Committee.

This paper analyzes the PIL rules provided in the Succession Law, 5725-1965, on a comparative basis – the general rule (part 2); the testator's autonomy to choose the lex successionis (part 3); the scope of the applicable law (part 4); the scope of the reference to the applicable law (renvoi) (part 5); the application of foreign mandatory rules (part 6); the ordre public exception (part 7); an estate without an heir (part 8); the law governing preliminary, or incidental, questions (part 9); and conclusions (part 10).

Keywords: Succession, Private International Law, Conflict of Laws, Israel, Comparative Law, European Union Succession Regulation

JEL Classification: K19, K33, K39

Suggested Citation

Einhorn, Talia, The Coordinating Role of Israeli Conflict Rules in Matters of Succession - Comparative Perspectives (March 9, 2015). Panorama do Direito Internacional Privado Atual - Festschrift ao Professor Jacob Dolinger, pp. 102-124, Carmen Tiburcio et al., eds., Arraes 2015, Available at SSRN: https://ssrn.com/abstract=2628622

Talia Einhorn (Contact Author)

Tel Aviv University - Faculty of Management ( email )

P.O. Box 39010
Ramat Aviv, Tel Aviv, 6139001
Israel
+972548181540 (Phone)

HOME PAGE: http://taliaeinhorn.com

Ariel University ( email )

Ariel
Israel
+972-54-8181540 (Phone)

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