guy.fitoussi

Par guy.fitoussi le 25/01/13
Dernier commentaire ajouté il y a 5 années 10 mois

The work of Mr. Fitoussi, from of a thesis in Paris VIII,

After a third round under my direction is an almost exhaustive presentation of

Israeli law of the family, beyond its initial title. As such, it offers a double

the comparative interest: firstly by its subject-matter. Against of the

rights of traditional Islamic and their repercussions international that

the object of an abundant bibliography, the French-language literature on the

right to Israel (which is not without offering any analogy with the Quranic sources)

remains very poor. It reflects in the second place, the tensions between the attachment to the

"Misnah" tradition and the will of modernizing the law, with the double

competence within a mini system between rabbinical courts and

civil courts. In a legal system to offset inequality where divorce

is a private initiative of the husband but where the maintenance of the household and the children it

only, contradictions abound. The author denounced to

correctly the symbol of inequality of the rules, the race to the jurisdiction of the Court

religious and civil order, the first favouring the man on obtaining of

divorce, the latter with respect to the pension and compensation of women. Of

generally speaking, Mr Fitoussi condemned under the law of Israel

the prohibition of marriages contrary to religious unity, resistance, mixed with

rabbinical courts to apply egalitarian plans liquidation rules

matrimonial, as the martial "gueth" to the woman in material licensing

divorce. He condemned in international matters, the extensive application of the test

informal foreign households and a refusal to accept the General principles of the

International Convention of the rights of the child, despite its ratification. The rigidity

religious rules on matrimonial prohibitions created a temptation permanent

fraud; beyond the national framework, encouraging the author to a modernisation of

right applies also to the neighbouring Muslim States and appears

as a way to solve the passions and religious antagonisms rocking

This part of the world.

François BOULANGER,

Professor Emeritus at the University of Paris VIII