The UNIDROIT Principles of International Commercial Contracts and Israeli Contract Law

Uniform Law Review, Vol. 8, Issue 3 (2003), pp. 601-630

Hebrew University of Jerusalem Legal Research Paper

34 Pages Posted: 29 Oct 2015 Last revised: 21 Jan 2016

See all articles by Alfredo Mordechai Rabello

Alfredo Mordechai Rabello

Hebrew University of Jerusalem - Faculty of Law

Pablo Lerner

Center of Law and Business- Ramat Gan; Zefat Academic College

Date Written: October 27, 2015

Abstract

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

Suggested Citation

Rabello, Alfredo Mordechai and Lerner, Pablo, The UNIDROIT Principles of International Commercial Contracts and Israeli Contract Law (October 27, 2015). Uniform Law Review, Vol. 8, Issue 3 (2003), pp. 601-630; Hebrew University of Jerusalem Legal Research Paper. Available at SSRN: https://ssrn.com/abstract=2681208

Alfredo Mordechai Rabello (Contact Author)

Hebrew University of Jerusalem - Faculty of Law ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel

Pablo Lerner

Center of Law and Business- Ramat Gan ( email )

26 Ben-Gurion St.
Ramat Gan, 52275
Israel

Zefat Academic College

11 Jerusalem St.
Zefat, 1320611
Israel

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
52
Abstract Views
440
rank
395,479
PlumX Metrics