Civil Laws at Israel
Israel's legal system is a fascinating blend of various influences, reflecting its historical trajectory and unique societal makeup. While it has elements of both civil law and common law systems, it also significantly incorporates religious law, particularly in matters of personal status.
Here's a breakdown of civil law in Israel:
I. Nature of the Israeli Legal System:
Mixed System: Israel is considered a mixed legal system. It is largely based on English Common Law, inherited from the British Mandate era, but also includes codified laws (statutes enacted by the Knesset) which align with Civil Law principles.
Absence of a Formal Constitution: Unlike many countries, Israel does not have a single, unified written constitution. Instead, it has a series of Basic Laws that serve as quasi-constitutional documents. These Basic Laws deal with the structure of the state, its institutions, and human rights.
Notably, Basic Law: Human Dignity and Liberty and Basic Law: Freedom of Occupation (both passed in 1992) are particularly important as they enshrine fundamental rights and grant the Supreme Court the power of judicial review to strike down contradictory laws.
Influence of Religious Law: A distinct feature of Israeli law is the prominent role of religious law (Halakha for Jews, Sharia for Muslims, and the laws of Christian and Druze communities) in matters of personal status such as marriage, divorce, alimony, and child custody. These matters are generally handled by religious courts.
II. Main Sources of Civil Law:
Legislation (Statutes of the Knesset): This is the primary source of law in Israel. The Knesset (Israel's parliament) enacts numerous statutes covering various aspects of civil law.
Contracts: The Contracts (General Part) Law, 1973 and the Contracts (Remedies for Breach of Contract) Law, 1970 are central to contract law.
Torts: The Civil Wrongs Ordinance (New Version) governs torts (unlawful acts leading to damages).
Property: Various laws govern property rights, including the Land Law, 1969, and laws related to specific types of property (e.g., intellectual property).
Companies Law, 1999: Regulates the formation, operation, and dissolution of business entities.
Sales Law, 1968: Covers the sale of goods.
Succession Law, 1965: Deals with inheritance and wills.
Capacity and Guardianship Law, 1962: Addresses legal capacity and guardianship.
Standard Contracts Law, 1982: Aims to protect consumers from unfair terms in standard form contracts.
Labor Laws: A comprehensive body of laws covers labor relations, including minimum wage, working hours, and severance pay.
Case Law (Precedent): While influenced by civil law, the Israeli system maintains a strong reliance on judicial precedent, similar to common law systems. Decisions of higher courts, particularly the Supreme Court, are binding on lower courts.
Basic Laws: As mentioned, these function as quasi-constitutional laws and lay down fundamental principles that influence the interpretation and validity of other civil laws.
English Common Law and Equity: To the extent that specific areas of law were not codified by the Knesset, English common law and equitable principles continued to apply (though this influence has diminished over time as Israeli legislation has become more comprehensive).
Jewish Law (Halakha): Beyond personal status matters, Jewish law can also serve as a source for filling legal lacunae (gaps in the law), particularly where there is no explicit statutory or common law provision.
III. Key Principles of Israeli Civil Law:
Rule of Law: All individuals and institutions are subject to and accountable to laws that are publicly promulgated, equally enforced, and independently adjudicated.
Judicial Review: The Supreme Court has the power to review the constitutionality of legislation, particularly in light of the Basic Laws on human rights.
Dignity of Man and Liberty: These are enshrined in the Basic Laws and serve as guiding principles for interpreting and applying all laws.
Independence of the Judiciary: The judiciary is independent and impartial, with judges appointed by a diverse committee.
Access to Justice: The legal system aims to provide avenues for individuals to seek remedies and enforce their rights.
Balance between Secular and Religious Law: While secular law governs most aspects of civil life, the preservation of religious courts for personal status matters reflects a unique balance in Israeli society.
Understanding Israeli civil law requires appreciating its multi-layered nature, drawing from common law tradition, extensive codification, and the unique influence of religious and constitutional principles.
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