Is Private International Law a Pill that Courts Just Cannot Swallow? The Case of Matrimonial Property in Israel

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Is Private International Law a Pill that Courts Just Cannot Swallow? The Case of Matrimonial Property in Israel
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Private International Law (PIL), and choice of law within it in particular, are both a scientific subject-matter and a practical tool. It is beautifully complex and painstakingly accurate. But is it practical? Are its intricate rules actually used to achieve the most accurate of outcomes? Or do users of the legal system prefer ignoring it for the sake of simplicity, expediency or to spare costs? This paper takes a first modest step towards addressing these questions by examining one example from one jurisdiction. The paper investigates the reality of the application of the Israeli choice of law rule for matrimonial property. By reviewing published decisions on the subject, the paper aims to identify the choice of law rule, examine the willingness of the courts to use this rule and demonstrate the length to which courts might go to in order to avoid the application of foreign law.

Speaker
Dr Sharon Shakargy (the Hebrew University of Jerusalem, Faculty of Law, Israel)
Hosted by
University of Aberdeen, School of Law
Venue
Online Event
Contact

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