Interpersonal Collisions in Israeli International Private Law

Abstract

The aim of the study is to analyze interpersonal conflicts (interpersonal law) in private international law (hereinafter — PIL) of Israel. Interpersonal law is a set of legal rules governing the position of different personal systems operating simultaneously in the same country. Israel is a country with a plurality of personal legal systems applicable to certain groups of persons depending on their religious affiliation. In Israel, religion is not separated from the state, so interpersonal conflicts there are particularly acute. Comparative legal, comparative historical, formal and logical methods, methods of comparative analysis and comparative law were used as the methodology of the study. The object of regulation and the scope of interpersonal law and PIL largely overlap. PIL and interpersonal law have a common historical function — to ensure the implementation of the principle of equality of all legal systems and the recognition of subjective rights legally acquired on the basis of a different legal order. Both PIL and interpersonal law are designed to facilitate and legitimize the joint life of different human communities separated by state borders, ethnic or religious affiliation. Analysis of interpersonal conflicts on the example of Israeli interpersonal law shows that the common origin of PIL and interpersonal law creates a strong degree of similarity between them and causes their internal relationship. For the resolution of personal conflicts of laws in the judicial practice of Israel general approaches, principles and instruments of PIL are widely used. Determination of the content of the applicable personal law and qualification of legal concepts are made on the basis of the theory of resolution of conflict qualifications developed in the PIL; one of the main connecting factors that determine the competence of religious courts and the application of religious law is the autonomy of the will of the parties. On most personal status issues, secular legislation has been adopted in Israel, but the main issues of personal status — marriage and divorce — remain outside the sphere of secular regulation. The absence of civil marriage and the restriction of civil divorce force people to seek ways to circumvent religious laws; the absence of an equivalent personal law for a “person without religion” discriminates people on a religious basis. It can be predicted that the forthcoming entry into force of the secular civil code will narrow the scope of interpersonal conflicts on personal status issues.