Continuing son according to the Cooperative Societies Regulations

The Cooperative Societies Regulations (Membership), 5733 – 1973, determine the correct relationship to a continuing son. These regulations primarily define key terms related to conduct in a moshav or agricultural farm regarding the legal status of a continuing son. As can be understood from the regulations, a kibbutz is any association for settlement that is a separate settlement maintaining a cooperative society of its members. The law recognizes the problematic nature of this narrow definition and therefore adds that a kibbutz is an association organized on the basis of collective ownership of property. The goals of the kibbutz should be self-employment, equality, and partnership in all areas of production, consumption, and education. It should be noted that this reference to the kibbutz raises quite a few social questions in recent years. Most kibbutzim in Israel are not active exactly according to this definition, so it is important to understand how and when a continuing son status can be created.

What is a continuing son?

The legal definition is for only one son, one adopted son, or one grandson of a farm owner, including their spouse, who holds, either independently or by virtue of an irrevocable written commitment from one of the parents, or alternatively as a result of inheritance and will, an agricultural farm. According to the regulations, this ownership can also be expressed in the form of a lease, sublease, or as a licensee for an indefinite period or for at least one year from a settlement institution. When there is no settlement institution, the licensee is for an indefinite period of the association. Further definitions appearing in the Cooperative Societies Regulations relate to the kibbutz movement, workers’ moshav, moshav movement, cooperative moshav, communal village, and settlement institution. The law distinguishes between each of these settlements both legally and practically and concretely. Without this distinction, it is difficult to get to the heart of the matter and examine the benefits of a continuing son. Beyond that, the first part of the Cooperative Societies Regulations explains that a farm owner is anyone who legally holds, alone or with others, an agricultural farm as an owner, lessee, or sublessee.

Continuing son rights

Not many people know this, but the rights of a continuing son are preserved even if one of the parents ceases to have rights in the agricultural farm or dies. Situations of this kind require the involvement of a lawyer who knows the field and knows how to conduct himself in it. On the one hand, a continuing son is entitled to a long list of benefits and can transfer the farm to his possession. On the other hand, there is a need for conduct surrounding the death of one of the parties and his specific requirements regarding the transfer of the property to future generations.

Membership in the association and spouses

Regarding the relationship to a continuing son and spouse, the law stipulates that a continuing son who is qualified to operate the farm according to the association’s articles of association may submit a written request to the management committee to be accepted as a member. This request must be formulated according to the articles of association and accompanied by documents proving that he is a continuing son. If the management committee objects to the acceptance of a continuing son as a member of the association, the committee will initiate arbitration proceedings against that continuing son within 45 days at the most. However, these regulations should not prevent another son of a member of the association from being a member, unless other provisions and conditions have been established in the articles of association. In any case, the provisions of this regulation will apply, with the necessary changes, to the spouses of an owner of an agricultural farm who has a right in the farm. This matter also requires quite a few complex legal formulations. Ultimately, a continuing son is an important right that is relevant even today. In order to take advantage of it, it is necessary to know the sections of the law and the regulations and act with the assistance of a lawyer.