Language:
Hebrew
Year of publication:
2020
Titel der Quelle:
משפט ועסקים
Angaben zur Quelle:
כב (תשף) 59-120
Keywords:
Divorce settlements
;
Equitable distribution of marital property
;
Community property
Abstract:
The Israeli law distinguishes between couples who married before 1974, for whom the presumption of community property applies, and couples who married after 1974, to whom the Property Relations Law applies. The presumption of community property automatically determines proprietary sharing between the spouses, which leads to the creation of hidden rights in the couple's assets. The Property Relations Law replaces the presumption of community property, but it is redundant as in practice the sharing begins only with the divorce. In the Knobler case the Supreme Court applied the presumption of community property and the principles of general law, and held that property division could be brought forward and even precede the get arrangement.This judicial legislation undermines the legislator's intention and includes in the joint property the residential apartment belonging to one of the spouses prior to marriage (external assets). In this article I will argue that this judicial legislation reverted family law back to a situation that existed prior to the enactment of the Financial Relations Law.Amendment No. 4 to the Property Relations Law was supposed to reinstate the original intentions of the legislature, according to which an external asset will remain such when property is distributed. However, the courts are applying the presumption of community property also to spouses who married after 1974, even sharing the external assets, primarily the couple's apartment. The article criticizes this practice, calls for the necessary changes in order to return to the original intentions of the legislator and proposes other ways to compensate the spouse with regard to the couple’s apartment.
Note:
With an English summary.
URL:
אתר את הפרסום בקטלוג המאוחד של ספריות ישראל
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