Securing by notarial act the purchase of a perpetual concession in Israel

Posted by on 15, 2020 in בלוג, Notariat, ירושות ישראל-צרפת

Securing by notarial act the purchase of a perpetual concession in Israel 1


While denominational areas in cemeteries are saturated in Paris, and getting rare in provinces, the council of Paris plans on an alarming reglementation for Jewish families.

Thus, at the Pantin cemetery, “the Jewish square is packed. From now on you can see in the 78th division, Jewish graves mixed with those of the other deceased. For people who want to respect the rules of the Jewish tradition, it is a real concern,” alert Jack-Yves BOHBOT, vice president of the central consistory of France.

Moreover, and according to the 45th article of the reglementation of Parisian cemeteries, the resumption of temporary and even perpetual concessions by the town-hall is now automatic, in the event of non-maintenance, and this within thirty years.

While municipalities have no obligation to search for families before an exhumation, mortal remains from abandoned and reclaimed concessions are now placed in reliquaries and are either kept in a special ossuary or cremated, according to the 47th article of the aforementioned regulation.

Moreover, the importance of the burial and the related modalities for the Jewish community, as well as the growing fear of families to see the graves desecrated, pushes every year more and more people to resort to the repatriation of the body of the deceased to Israel, and this, in order to be able to respect the principles of faith of Judaism attached to respect for the dead as stipulated in Shulchan ‘Arouch Yoirei Deha, Chapter 363-3/4.

This process, requires support of approved competent establishments, which manage exhumation, transport, but also burial together with the religious ceremony with the family, in cemeteries in Israel.

Indeed, this process may turn out to be a complex task for families, especially considering the physicals distances separating families from Israeli administrations.
Furthermore, the Hebrew language is often a problem for French-speaking families, mainly creating a lack of understanding between families and the Chevra Kadisha, especially about securing the actual purchase of the concession.


Securing by notarial act the purchase of a perpetual concession in Israel 2
It’s with this in mind that ABITBOL & ASSOCIES, with its expertise in international law, supports its clients on the legal side of this acquisition by carrying out on the one hand all the checking as to the legality statutory of the original and nominative certificate, delivered by the issuing body and communicated to the purchaser, which must mention the exact designation of the perpetual location purchased, and on the other hand by proposing a notarized certification of the “ShtarKever” (contract of concession purchase).