The Law of Remedies in a Mixed Jurisdiction: The Israeli Experience

42 Pages Posted: 11 May 2008 Last revised: 7 Aug 2008

See all articles by Yehuda Adar

Yehuda Adar

University of Haifa

Gabriela Shalev

Ono Academic College Faculty of Law; Hebrew University of Jerusalem - Faculty of Law

Date Written: august 2008

Abstract

Remedies for Breach of an Obligation - this is the title of the section on remedies in the Israeli Draft Civil Code. Its objective is to create a unified and comprehensive statutory scheme for awarding remedies in all branches of private law (civil and commercial).

This development is no doubt of significant interest to the Israeli lawyer. However, for a number of reasons, acquaintance with this law reform should be of value to legal comparatists in many other jurisdictions. First, from a comparative perspective the present state of the law of remedies in Israel, as well as the forthcoming reform of this area represent a fascinating example of the complex way in which both the Common law and the Civil law traditions have shaped in the past - and continue to shape today - the development of private law in 'mixed jurisdictions' such as Israel. In this respect, an acquaintance with the special characteristics of the Israeli law of remedies - and with the current attempts to codify and harmonize it - may be illuminating to the legal comparatist, in mixed and 'non-mixed' jurisdictions alike.

Second, we believe that the specific reform of the law of remedies in Israel may inspire lawmakers, judges and legal scholars in other legal systems. To the best of our knowledge, it represents the most ambitious legislative attempt to codify and harmonize the remedial rules of civil law. In so doing, the Israeli law reform, so we shall argue, illustrates the manner in which original legislative efforts may serve to simplify the law and free it from the burden of formal distinctions and divisions that undermine our ability to understand the law and operate it in a straightforward manner that will guarantee the realization of its basic values and objectives.

Keywords: remedies, comparative law

JEL Classification: K12, K13

Suggested Citation

Adar, Yehuda and Shalev, Gabriela, The Law of Remedies in a Mixed Jurisdiction: The Israeli Experience (august 2008). Tulane European and Civil Law Forum, Forthcoming, Available at SSRN: https://ssrn.com/abstract=1131320

Yehuda Adar (Contact Author)

University of Haifa ( email )

Mount Carmel
Haifa, 31905
Israel
+04 8240633 (Phone)

HOME PAGE: http://www.law.haifa.ac.il

Gabriela Shalev

Ono Academic College Faculty of Law ( email )

104 Zahal St.
Kiryat Ono, 55000
Israel

Hebrew University of Jerusalem - Faculty of Law

Mount Scopus
Mount Scopus, IL 91905
Israel

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