The (Re) Codification of Israeli Private Law:Support for, and Criticism of, the Israeli Draft Civil Law Code |
From the Abstract
The drafting of the Israeli Civil Law Code is perhaps the most ambitious legal project—certainly in the area of civil law—undertaken by Israel since the establishment of the state. This Article highlights various aspects of the Draft Israeli Civil Code, demonstrating the manner in which a mixed legal culture undergoes the process of codification and paying particular attention to the relationship between codification and judicial discretion.
The success of the Israeli Civil Law Code depends on a broader understanding of the phenomenon of codification and the acceptance that codification is not an outdated form of law-making but rather a vital and flexible instrument that can be used to achieve a more adaptable and organized private law. Should it be approved as law, the Civil Code will afford a solid basis for a consistent development of Israeli Civil Law. With all its defects and flaws, it reveals the vitality of Israeli legal thinking, a vitality necessary to avoid stagnation and to keep a legal tradition relevant to changes in society.
INTRODUCTION
I. THE ISRAELI CIVIL CODIFICATION PROCESS
II. WHAT TYPE OF CODE IS THE ISRAELI DRAFT MEANT TO BE?
III. THE DRAFT VIS À VIS THE CURRENT LAW
A. Does the Draft Changet the Law?
B. The Structure of the Draft
C. General Principles of the Draft
D. Legal Acts
E. The Law of Obligations
1. Contract Law
2. The Law of Torts
3. Remedies
4. Unjust Enrichment
F. Property Law
G. Succession Law
IV. THE DRAFT'S AIMS
A. WHAT THE DRAFT DOES NOT AIM TO BE
B. CERTAINTY AND COHERENCE
V. THE CODE AND LEGAL MENTALITY
VI. CODES AND JUDICIAL DISCRETION
CONCLUSION
Keywords
Comparative Law Globalization of Law, Unification of Law, Comparative Law Theory, Civil Law, Common Law, Codification
