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7 Jewish L. Rep. 1 (1994)

handle is hein.journals/jwlrpt7 and id is 1 raw text is: TOURO COLLEGE JACOB D. FUCHSBERG LAW CENTER Chaim Povarsky, Director Institute of Jewish Law Advisory Council Do v Frimer Menachem Genack Howard A. Glickstein Aaron Kirschenbaum Sidney Kwestel Daniel Lander Nahum Rakover Ronnie F. Warburg Executive Committee Ben Amirian Eileen Barshay Zila Katz Richard Klein Sidney Kwestel David Laniado Jeffrey Roth Rena Seplowitz Theodore Silver Daniel Subotnik Dr. Bernard Lander, President Touro College Howard A. Glickstein, Dean Jacob D. Fuchsberg Law Center Modern Legal Systems Resolve Property Disputes by Determining the Parties' Rights Institute of Jewish Law Jewish Law Report Editor: Dr. Chaim Povarsky February 1994 TABLE OF CONTENTS I. Extraordinary and Extra-Judicial Solutions in Property Disputes under Jewish Law II. Activities of the Institute III. The Latest Word a. In Academia b. In the Courts Extraordinary and Extra-Judicial Solutions in Property Disputes Under Jewish Law By Dr. Chaim Povarsky In certain property cases, under Jewish law, where evidence is insufficient, courts sometimes apply extraordinary or extra-judicial solutions. These solutions are not based on established facts and do not purport to conclusively determine the parties' rights. They are rather aimed at ending the dispute. This differs from modern legal systems, where courts are virtually always required to determine the parties' rights. No matter how difficult it is to establish the facts or how controversial the legal issue might be, the court must determine the rights of the parties. It cannot withdraw from the case' or impose a compromise on the parties against theirwill.2 The ability of the court, under modern legal systems, to determine the rights of the parties in civil cases is based upon a number of evidentiary and adjudicatory rules. A court may withdraw from a case only if it lacksjurisdiction or if thejudge was disqualified to handle the case for personal reasons. 2 Frequently, courts impose a compromise on parties, who reluctantly accept it. The consent of the parties, however, whether voluntary or exacted, is required.

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