Foreign law opinion in Israel: law office in Jerusalem and Tel Aviv

What is an opinion regarding foreign law and in what instances is it required? A foreign legal opinion is submitted during legal proceedings for the purpose of proving the legal situation in another country, in order to decide an issue over which there is a dispute between the parties involved. An opinion on foreign law is relevant, among other things, in proceedings in commercial and business matters between parties from different countries, as well as in proceedings in family matters, such as the annulment of marriages officiated abroad and disputes over inheritances.

As part of our work, our law office deals with a variety of procedures involving different countries in the world, including acquisition of foreign citizenship, investments abroad, establishing companies and businesses abroad (in countries such as Hong Kong, Ireland, Cyprus, Romania, Bulgaria, the United Arab Emirates, the Cayman Islands and more) and a host of other commercial and civil matters. As a part of this work, our office maintains relationships and collaborations with leading law offices in many countries, in order to provide the most comprehensive legal support for clients who need to handle legal matters with authorities in several countries. In this legal guide, attorney Michael Decker, a partner in our office and expert in international civil law, will explain what a foreign legal opinion is, what instances require it and who is authorized to give such an opinion.

What is a foreign legal opinion?

In general, Israeli law states that Israeli courts are authorized to rule on proceedings brought before them according to the laws of the State of Israel. However, it often becomes necessary to decide a certain legal issue according to the laws and regulations of a foreign country, for various reasons. This is a complex situation, since by nature, Israeli judges specialize in Israeli law, and not in the laws of foreign countries. In order to assist the courts in these complex cases, it is usually required to submit an opinion on the matter. An opinion dealing with foreign law is in fact a legal opinion, submitted as evidence which is intended to prove what law applies in a specific instance, so as to help the court to decide on an issue which is disputed between the parties.

When is a foreign legal opinion required?

There are many types of legal proceedings in which it may be required to submit an opinion regarding a foreign law. Chief among them are proceedings in matters of inheritance and wills. Israeli inheritance law states that, except in certain cases, the law that applies to a person’s inheritance is that of the place of residence of the testator. Hence, when Israeli citizens who were foreign residents, or foreign citizens, pass away and bequeath assets located in Israel (such as apartments, cars, bank accounts, etc.), it is very possible that proof of the foreign law will be necessary in order to process the inheritance.

Another common case in which there may be a need to prove the law of another country is that of divorce/annulment of marriage in Israel for couples who were married abroad. The Israeli law on the subject states that couples who were married abroad and wish to have their marriage annulled may, in certain cases like these, be required to submit an opinion regarding the foreign law in the place where the marriage was officiated. For more on this important issue, see an article published on our office’s website on the subject of the law applicable to the annulment of marriages officiated abroad.

Additional procedures in which a decision must be made according to the foreign law include the execution of a court judgment or an arbitration judgement given abroad. These often include business disputes, such as disputes between overseas business partners, contractual disputes between parties from different countries, and disputes regarding international transactions. In addition to the examples mentioned, there may be a host of other cases in which proof of the laws of foreign countries is required in Israel, through the opinion of an expert on those laws. It should be noted that difficulties may arise especially when it comes to the law of a non-Western country or one where the legal system is fundamentally different from the one used in Israel.

Who is authorized to give an opinion on foreign law?

Interestingly enough, Israeli law does not provide an explicit answer to this question. The Civil Procedure Regulations state that opinions on matters of foreign law shall be given by an expert on these laws. However, the regulations do not specify who is considered such an expert. The Israeli courts addressed this important issue and established rules regarding it in a number of rulings. In an important ruling from the year 2000 (in case number ע”א 6796/97), the Supreme Court ruled that an expert in foreign law does not have to be an attorney who regularly appears in the courts of the foreign country whose laws must be proven. Although no exhaustive rules were established regarding this definition, the court ruled that an attorney or jurist dealing with the relevant foreign legal system may serve as an expert in this matter, and sometimes even a person who is not an attorney, but who has acquired the required knowledge of foreign law as part of his or her occupation.

For which countries can I obtain a foreign legal opinion?

As mentioned above, our office has extensive connections both with attorneys around the world, and with international law experts located in Israel. We can help you obtain a foreign legal opinion for any state in the USA, Canada, Australia, Russia, and a number of European countries. These opinions will be accepted by Israeli authorities for the purposes of investigating an inheritance, legal claims, and more.

Opinions on foreign law – contact an attorney specializing in civil law

In this article, we have explained in detail the subject of opinions regarding foreign laws, and the cases in which such an opinion may be required in legal proceedings in Israel. If you have additional questions or need any assistance on the matter, you can contact us and we will be glad to help. Our office, in Jerusalem and Tel Aviv, specializes in various areas of civil law, including commercial law, family law and inheritance law. Our office assists its clients in obtaining foreign legal opinions in many countries, as part of our firm’s cooperation with leading firms in their field overseas.