The Legal Construction of Israel and the Legacy of Roman Law in Its Legal System
The article analyzes the influence of Roman Law on the legal construction of the State of Israel. It begins with the historical context of the country’s founding and the configuration of its legal system, highlighting the absence of a written constitution, which has been replaced by a series of Basi...
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| Formato: | Artículo revista |
| Lenguaje: | Español |
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Facultad de Derecho y Ciencias Sociales y Políticas, Universidad Nacional del Nordeste
2025
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| Acceso en línea: | https://revistas.unne.edu.ar/index.php/rcd/article/view/8125 |
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| Sumario: | The article analyzes the influence of Roman Law on the legal construction of the State of Israel. It begins with the historical context of the country’s founding and the configuration of its legal system, highlighting the absence of a written constitution, which has been replaced by a series of Basic Laws. The role of the Supreme Court of Israel is examined as a guarantor of fundamental rights, having assumed constitutional functions despite lacking formal legal designation. The text explores how Roman Law has left its mark on Israeli civil law, especially in areas such as contracts, property, tort liability, and inheritance. It also discusses its indirect influence on criminal law, constitutional law, and international law. Israel’s legal system is mixed, incorporating elements from Common Law, Ottoman law, religious law (Sharia and Halakha), and continental traditions. Additionally, the article analyzes the structure of the Israeli judiciary, the tension between civil law and religious courts, and the challenges of the millet system, which grants personal jurisdiction to religious courts based on religious affiliation—raising issues regarding equality and human rights. |
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