A Civil Code for a Mixed Jurisdiction: Some Remarks About the Israeli Approach to Codification

Lerner, Pablo; Rabello, Alfredo Mordechai

A Civil Code for a Mixed Jurisdiction: Some Remarks About the Israeli Approach to Codification

Legal Culture and Legal Transplants (J.A.Sánchez Cordero ed.), Washington, D.C. 2010, Electronic ed., Isaidat Law Review (R. Sacco ed.), 1(2), 2011, Art.15, pp. 1-27

Hebrew University of Jerusalem Legal Research Paper

29 Pages Posted: 29 Oct 2015

See all articles by Pablo Lerner

Pablo Lerner

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

Alfredo Mordechai Rabello

Hebrew University of Jerusalem - Faculty of Law

Date Written: October 27, 2015

Abstract

The aim of this Article is to examine the reception of foreign ideas in Israel within civil codification. The Draft of the Civil Code provides an opportunity to ask and answer seminal questions linked to the transplant theory and the manner in which foreign ideas are received and re-elaborated in a new legal jurisdiction. However, it is not enough to understand the specific transplant. It is also necessary to understand the relationship between the Israeli legislation and the dialogue that exists between the legislator, the Israeli judiciary, and the ensuing case law.

Keywords: Israel, codification, Civil Code, transplant, foreign, legal jurisdiction, legislation

Suggested Citation: Suggested Citation

Lerner, Pablo and Rabello, Alfredo Mordechai, A Civil Code for a Mixed Jurisdiction: Some Remarks About the Israeli Approach to Codification (October 27, 2015). Legal Culture and Legal Transplants (J.A.Sánchez Cordero ed.), Washington, D.C. 2010, Electronic ed., Isaidat Law Review (R. Sacco ed.), 1(2), 2011, Art.15, pp. 1-27; Hebrew University of Jerusalem Legal Research Paper. Available at SSRN: https://ssrn.com/abstract=2681226