The UNIDROIT Principles of International Commercial Contracts and Israeli Contract Law
Uniform Law Review, Vol. 8, Issue 3 (2003), pp. 601-630
34 Pages Posted: 29 Oct 2015 Last revised: 21 Jan 2016
Date Written: October 27, 2015
The UNIDROIT Principles of International Commercial Contracts (hereinafter: "the Principles") constitute a significant step towards the universal harmonisation of contract law. A comparison between Israeli law and the Principles is more than simply an interesting intellectual exercise. For the Israeli jurist, acknowledgement of the Principles can enhance understanding of legal synchronisation processes taking place throughout the world. For the non-Israeli jurist, the Israeli legal system, being a mixed one, can constitute an excellent model for analysing the ways in which different legal traditions find expression in a society that is, in itself, a multicultural one.
Israeli private law is essentially a "harmonisation" of legal systems, from Ottoman law -- the Mejelle -- to British law, and from these legal traditions to the continental European systems. This harmonisation is exhibited both by the adoption of various laws and by the preparation of an Israeli Civil Law Code currently underway. Just as the Principles are the product of the collaboration of jurists from different countries, Israeli private law is likewise the result of a "legal melting pot". It is therefore not surprising that a significant portion of the solutions provided by the UNIDROIT Principles already exist in Israeli statutory contract law.
Keywords: UNIDROIT, International Commercial Contracts, Israel, private law, Mejelle
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