Remedies for Breach of an Obligation: A Look at the Remedies' Section of the New Israeli Civil Code

Abstract

The remedies section in the new Israeli draft civil code is an endeavor to create a unified law of remedies, applicable to all branches of civil and commercial law, including torts and breach of contract. This article explores the main innovations included in the remedies section. It opens with a short overview of the status of the law of remedies in modern times, and the debate over the justification for unifying it. Then, in the remainder of the article, the authors examine the various changes, in terms of both structure and substance, reflected in the law reform.

The downloadable article is in Hebrew.

Keywords: remedies, torts, contracts, unification, codification, law reform, civil law