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Private International Law Cases in Israel in the Field of Divorce, 1963–1972

Published online by Cambridge University Press:  21 May 2009

Chaim I. Goldwater
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Extract

In Israel, jurisdiction in suits for divorce, in common with other matters of personal status, is exercised by the courts of the various religious communities, forming separate hierarchies independent of the ordinary civil courts. This principle was first laid down by the Palestine Order in Council, 1922, 1 Article 51.

Type
Articles
Information
Netherlands International Law Review , Volume 19 , Issue 3 , December 1972 , pp. 288 - 299
Copyright
Copyright © T.M.C. Asser Press 1972

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References

1. This enactment, as amended from time to time (hereafter referred to as “the Order in Council”) constituted a kind of Constitution or Super-law of Mandatory Palestine. Many of its provisions are still in force in Israel, including those referred to here concerning jurisdiction of the courts and choice of law.

2. Itzkovitz v. Itzkovitz (1951) 5 Piskei Din, 1667.Google Scholar

3. Fruchter v. Fruchter (1955) 9 Piskei Din, 1361.Google Scholar

4. Cohen and Buslik v. Attorney General (1954) 8 Piskei Din, 4; and see case no. 3, below.Google Scholar

5. This means, where Israel nationals are concerned, the religious law; Kotik v. Wolfson (1951) 5 Piskei Din, 1341.Google Scholar

6. Skornik v. Skornik (1954) 8 Piskei Din, 141.Google Scholar

7. Gorfinkel and Haklai v. Minister of Interior (1963) 17 Piskei Din, 2048, 2062.Google Scholar

8. This Law provides, inter alia, that men and women shall have equal status with regard to any legal proceeding, and that any legal provision discriminating against women, as such, in respect of any legal proceeding, shall be of no effect.

9. This Law, broadly speaking, accords every Jew the right to immigrate to Israel. The Nationality Law, 1952, grants Israel nationality to every Jew entering Israel under the Law of Return. Nationality was not granted to the non-Jewish partner of a mixed marriage, until 1970, when the Law of Return was amended to enable such persons also to acquire Israel nationality under the latter enactment.

10. See note 9.

11. (1971) 25 Piskei Din, Part 1, 309.

12. (1971) 25 Piskei Din, Part 1, 619.

13. (1972) 26 Piskei Din, Part 2, 85.