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May 29, 2026Trusts & Trustees0 citations

ISRAEL: The real estate trust—a fortress of continuity in Israeli law

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AKAlon KaplanONOrna Ronkin Noor

Key Points

  • The aim is to analyze the role and implications of real estate trusts in Israeli private law.
  • Examined the doctrinal differences between trusts and agency.
  • Analyzed the function of trusts for asset segregation and creditor protection.
  • Reviewed Israeli Supreme Court cases and comparative trust doctrine.
  • Trusts in Israel serve distinct functions beyond agency, focusing on asset protection.
  • Increasing judicial emphasis on real estate trusts aligns taxation with economic substance.
  • Legal constructs around trusts have evolved, affecting taxation practices.

Abstract

Abstract The institution of the trust occupies a central role in Israeli private law, particularly in the field of real estate. While trusts are governed primarily by the Trust Law, their application in the context of real estate taxation has evolved into a distinct and narrowly construed legal construct. This article offers an integrated analysis of real estate trusts in Israel, focusing on three core dimensions: their doctrinal distinction from agency, their function as a mechanism of asset segregation and creditor protection, and their treatment under the Real Estate Taxation Law. Drawing on Israeli Supreme Court jurisprudence and comparative trust doctrine, the article examines the tension between formal legal structures and substantive economic analysis, highlighting the increasing judicial emphasis on taxation based on economic reality.

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Cite This Study

Kaplan et al. (2026) studied this question.

synapsesocial.com/papers/6a192f1bfab5b468c441864ahttps://doi.org/10.1093/tandt/ttag043
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